Doctors are human, and unfortunately, sometimes they make terrible mistakes. Obstetrician malpractice is when an OB/GYN care provider negligently injures a patient. This form of medical malpractice is devastating when it affects the life of an infant or a new mother.
At Shaked Law Personal Injury Lawyers, we understand the impact OB/GYN malpractice has on families in Miami, Florida. That’s why we fight to protect women and children from negligent doctors and hospital staff.
If you or a loved one wants to hold a negligent OB/GYN accountable for medical malpractice, contact or call our experienced obstetrician malpractice lawyers in Miami at (305) 937-0191 for a free consultation.
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How Shaked Law Personal Injury Lawyers Can Help You After OB/GYN Malpractice in Miami
OB/GYN malpractice in Florida is complicated. If you aren’t a doctor, it’s hard to figure out exactly what went wrong. If you aren’t an obstetrician (OB/GYN) malpractice lawyer, it’s hard to win in court. That’s why you need an OB/GYN malpractice attorney in Miami with a proven track record in Florida courts.
At Shaked Law Personal Injury Lawyers, our team has over 100 years of combined experience in personal injury law. This includes complex obstetrician malpractice cases.
We take pride in our team of board-certified attorneys and status as Top 100 Trial Lawyers and Avvo Top Attorneys. More importantly, we take pride in our results. That’s because our lawyers routinely recover millions of dollars from the biggest insurance companies.
When you hire Shaked Law Personal Injury Lawyers to handle your OB/GYN malpractice case in Miami, you’ll always get:
- A trustworthy and formidable advocate who is on your side
- A team dedicated to reviewing medical records, taking witness statements, and collecting other important evidence for your case
- An expert negotiator who works to max out your payment from malpractice insurance companies
- A consult with the best OB/GYN experts in Florida who can help win your case
Our Miami obstetrician malpractice lawyers are here to make sure that you get every single dollar you deserve. If you or a loved one has been injured or died at the hands of a negligent OB/GYN, please reach out for a free consultation.
How Common is Obstetrician (OB/GYN) Malpractice?
Obstetrician malpractice is one of the most common forms of medical malpractice. According to the American Medical Association (AMA), about 63% of obstetrician-gynecologists have been sued at least once. Even though Florida has a three-strikes law for medical malpractice, the Florida Board of Medicine does little to enforce it. That’s why we need OB/GYN malpractice lawyers to step in to hold doctors accountable for their errors.
Overview of Obstetrician (OB/GYN) Malpractice
How Do You Prove OB/GYN Malpractice in FL?
Florida has laws that govern medical malpractice, including OB/GYN malpractice. In Florida, the injured person has the burden of proving that the doctor was negligent.
To prove that your obstetrician was negligent in Miami-Dade County, you’ll need to prove:
- The OB/GYN owed you a professional duty of care;
- The doctor breached the professional standard of care for OB/GYNs;
- The breach of the professional standards was the direct and proximate cause of your injury; and
- As a result of that breach, you sustained damages.
You’ll most likely need an OB/GYN expert to testify about the professional standard of care and explain how your doctor breached it, but sometimes the insurance company will agree to pay up without anyone stepping foot in the courtroom.
Who Can File an OB/GYN Malpractice Lawsuit in Miami, FL?
Usually, the injured patient files a medical malpractice lawsuit against the doctor or hospital. In the case of OB/GYN malpractice, this is likely a pregnant woman or new mother. When an OB/GYN injures a baby, the parents can sue on the child’s behalf.
In the case of death, the victim’s estate, surviving spouse, and certain family members can file a wrongful death lawsuit.
What Types of Injuries Are Normally Caused by Obstetrician (OB/GYN) Malpractice in South Florida?
OB/GYN malpractice can cause a variety of serious injuries to mothers and their newborn children. OB/GYNs also provide reproductive care to women who are not pregnant. The most common injuries caused by OB/GYNs include:
- Birthing injuries
- Brain injuries
- Failure to diagnose reproductive diseases and cancers
- Failure to diagnose disease in utero
- Caesarian surgical errors
- Surgical errors during a hysterectomy
- Permanent scarring and disfigurement
- Implanting the wrong embryo during infertility treatment
- Implanting too many embryos during infertility treatment
In the worst-case scenario, the OB/GYN causes the wrongful death of a mother or child.
What Damages Can You Recover for Injuries Caused by a Negligent OB/GYN?
Victims of obstetrician malpractice in Miami can recover money for:
- Past and future medical bills
- Rehabilitative therapy and treatment
- Lost wages if the victim is unable to work
- Pain and suffering (including emotional distress)
While victims in Florida can recover money for non-economic damages (like pain and suffering or emotional distress), the state recognizes a $500,000 cap in most cases. The exception is when negligence resulted in death or a permanently vegetative state – these cases are capped at $1 million.
Schedule a Free Consultation With Our Medical Malpractice Lawyers in Miami, FL
There’s no reason to allow a bad doctor to get away with hurting you, a loved one, or your child. Shaked Law Personal Injury Lawyers is available and ready to schedule a free legal consultation so you can get the help you need.