How do I sue my OB/GYN doctor for a birth injury?

Answer:

Can OB/GYN doctors be sued for birth injuries? How do you go about suing for a birth injury? The answers to these questions are yes, any doctor can be sued for negligently causing a patient injury and the first step in suing for a birth injury is to consult with an attorney. This type of lawsuit is a medical malpractice lawsuit.

To Sue or Not To Sue

Every day patients face unwanted, and sometimes tragic results of a medical emergency that wasn't supposed to happen. Sometimes these tragic results are purely and simply accidents that can happen during the normal course of treatment. In the case of birth injuries, every labor and delivery is different, yet there are standard procedures and protocols which are followed to ensure maximum safety of the mother and her baby.

When a birth injury, to either the mother or the baby was the result of negligence by the attending doctor you may be able to sue for compensation.
Just because an injury occurred, does not automatically mean that the doctor was negligent or that you are owed compensation.

Making The Case

A successful medical malpractice case against an OB/GYN for a birth injury has to prove each of these four elements:

That the doctor had a duty to you as his or her patient; in other words you have to prove that a doctor patient relationship existed.
That the doctor acted in a manner that did not follow the accepted standard of care for your labor and delivery.
That the actions or lack of actions on the part of the doctor were the specific cause of the birth injury.
That the birth injury was serious, and caused long lasting or permanent damage.

Get Legal Help

Medical malpractice cases that involve labor and delivery are very complicated, sometimes with varying statutes of limitations for injury to the mother or the baby. As soon as it is feasible, plan to meet with a medical malpractice attorney to learn about the laws in your state and to begin the process of understanding if you have a valid case that should be pursued.

References:

Obstetric Malpractice: FAQ's

Get Informed - Medical Malpractice Laws & Information

Medical Malpractice Basics - Learn about the basic elements of a medical malpractice case.

Types of Medical Malpractice - Learn about the most common types of medical malpractice related injuries.

Key Legal Issues in Medical Malpractice Cases - Find out what legal elements must must exist for a legitimate medical malpractice case.

Diagram of a Medical Malpractice Case - Get information on the steps involved in pursuing a medical malpractice claim.

Birth-Related Medical Malpractice - Childbirth injuries are among the most common reasons a medical malpractice case will arise.

State-by-State Medical Malpractice Laws - Learn about the time limits to file a malpractice claim, limits on money damages, and other state specific laws.