Rockafellow Law Firm


Tucson Office


How to Prove OB-GYN Malpractice

Obstetricians and gynecologists (OB-GYNs) provide a variety of medical needs for womeneverything from delivering babies to regular checkups. This is a highly demanding and specialized field and, as a result, the physicians practicing in this specialty can be especially prone to error. These doctors are often called upon to make quick decisions during the birth of a child, and they may not always make reasonable decisions. In fact, the error rate amongst OB-GYNs is so high that the cost of malpractice insurance for OB-GYNs is rising dramatically every year.

Just because your physician made a mistake or you are unhappy with your medical treatment, however, does not mean that the OB-GYN committed malpractice. If you or your child has been injured by the actions of an OB-GYN, you may wonder if you can sue for your injuries and, if so, how to prove malpractice.

To commit malpractice, the OB-GYN must have been negligent regarding your treatment or diagnosis. This means that they were not reasonably skillful and careful in providing your care. The law will compare what your OB-GYN did (or failed to do) to how other competent OB-GYN s would have handled the situation. If a reasonably competent OB-GYN under the same circumstances would not have made the same diagnostic or treatment error, then your OB-GYN may be liable for malpractice.

To prove a case of medical malpractice, you will need to show:

  • That a doctor-patient relationship existed
  • The doctor was not reasonably skillful or careful regarding your diagnosis or treatment
  • The doctor’s actions caused your injury
  • You suffered damages as a result

Some of the more common types of OB-GYN malpractice include:

  • Birth injuries to the mother or the child
  • Failure to diagnose breast cancer
  • Negligent prenatal care to the fetus
  • Failure to diagnose cervical or ovarian cancer

If the negligent care of your OB-GYN caused injuries suffered by you or your child, contact experienced Tucson medical malpractice attorneys to help get you the compensation you deserve.

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