Have you been the victim of medical malpractice by a gynecologist in Miami, FL? Sadly, OBGYN negligence is a common occurrence that can lead to missed cancer diagnosis, botched surgery, and other life-changing consequences. You may be entitled to compensation for the harm you have suffered.
Lavent Law Personal Injury Lawyer has represented injured patients and their families in seeking fair compensation since 2014. Contact our law firm for a free consultation with a Miami gynecologist malpractice lawyer. We will help you fight for the compensation you deserve with no out-of-pocket expenses.
How Lavent Law Personal Injury Lawyer Can Help with Your Gynecologist Malpractice Case in Miami, FL
Medical negligence claims are extremely difficult to prove. These cases generally require extensive expert medical testimony. Injury victims also run up against unfair jury bias. Juries often give physicians the benefit of the doubt and commonly believe that medical malpractice cases are frivolous. You deserve an experienced Miami personal injury lawyer prepared to give your case the attention and resources it deserves.
Boris Lavent of Lavent Law Personal Injury Lawyer is an award-winning medical malpractice lawyer. He has been named one of the 10 Best Attorneys for Client Satisfaction by the American Institute of Personal Injury Attorneys. He has also been recognized as a Top 40 Under 40 attorney by the National Trial Lawyers. He is prepared to give you the personal attention you deserve and seek maximum compensation for your injuries in Miami, Florida.
Choose Lavent Law Personal Injury Lawyer to represent you in your OBGYN malpractice case, and we will:
- Offer insightful legal advice and guidance at every stage of your case
- Conduct a thorough, independent investigation into your case to determine how your injuries occurred and why
- Build a strong evidence-based negligence case with the help of experts
- Use expert medical testimony to establish causation, negligence, and your injuries’ impact on your life
- Negotiate with the insurance company on your behalf to seek a settlement amount that fairly compensates you
- Take your case before a jury if the insurance company refuses a fair offer
Call Lavent Law Personal Injury Lawyer today to schedule a free consultation with a Miami OBGYN malpractice lawyer committed to giving you the representation you need.
How Common Is OBGYN Malpractice?
Most physicians face one or more medical malpractice lawsuits during their career. However, gynecologists, obstetricians (OB/GYNs), and surgeons are more likely to be sued than any other type of doctor. Around 85% of OB/GYNs have been sued at least once, including 90% of male gynecologists and obstetricians and 81% of female OB/GYNs.
According to a 2015 survey, the most common reasons for lawsuits included:
- Patient suffered an injury (36%)
- Failure to diagnose (22%)
- Failure to treat (15%)
- Poor documentation of the patient’s education and instruction (5%)
- Lack of informed consent (4%)
- Failure to follow safety protocols (3%)
- Medication errors (2%)
The most common types of cases that resulted in obstetric and gynecologic lawsuits were:
- Death of baby or mother
- Failed tubal ligation
- Performance and/or timing of Caesarean section
- Perforation of the bowels
- Shoulder dystocia
Between 2014 and 2018, Florida was one of the top ten states for medical malpractice payouts for amount paid per capita and total payouts. During that time, there were 1,292 malpractice payouts in Florida, totaling $346.85 million and an average payout of $268,466.
Nationwide, the most common allegations of malpractice involved diagnosis (34%), surgery (21%), treatment (21%), and obstetrics (10%).
What is OBGYN Malpractice in Florida?
Medical malpractice happens when a health care professional causes personal injury through their negligence. Medical negligence can happen during any type of medical care, including diagnosis, treatment, follow-up, and illness management. It can be committed by almost any type of medical provider, such as a surgeon, nurse, paramedic, hospital, pharmacist, or doctor.
Gynecologists and obstetricians (OB/GYNs) are one of the most frequently named medical professionals in malpractice claims. OB/GYN malpractice happens when an obstetrician, gynecologist, or nurse fails to provide the proper standard of care to a patient and injures them. These claims involve medical negligence during pregnancy, childbirth, postpartum, or during regular gynecological care, treatment, and surgery.
Types of Gynecologist Malpractice
An obstetrician or gynecologist can commit malpractice in a number of ways.
The following are the most common types of OB/GYN malpractice cases:
- Failure to diagnose, misdiagnosis, or delayed diagnosis of gynecologic cancer. This includes HPV (which may cause cervical cancer), ovarian cancer, uterine cancer, and breast cancer.
- Other diagnostic errors, such as failing to diagnose a condition during pregnancy or a birth defect
- Hysterectomy negligence. This can include failure to diagnose cancer that leads to a preventable hysterectomy, surgical error during surgery, or a lack of follow-up care.
- Urogynecology negligence, which may involve uterine or pelvic prolapse
- Failing to order a timely C-section or performing an unnecessary C-section
- Failing to recognize fetal distress
- Improper use of birth instruments, such as forceps and vacuum devices
- Brain damage due to asphyxiation
Negligence during pregnancy, childbirth, or postpartum can lead to serious injuries to the mother and the child, including cerebral palsy, brain injuries, fractures, paralysis, and death. However, gynecologist malpractice can also occur during routine gynecological care, such as annual screenings, surgery, and chronic condition management.
What is My Gynecologist Malpractice Case Worth?
The value of your personal injury case depends on factors that are unique to your case.
These factors include:
- The type and severity of the negligence
- The severity of your injuries
- Whether multiple medical providers share blame for your injuries
- The strength of your negligence case
- Whether you will have lifelong disability, medical needs, disfigurement, or impairment
In one recent year, Florida’s average medical malpractice payout was $268,466 compared to the national average of $348,065. Florida traditionally has lower average malpractice settlement amounts than the rest of the U.S. The vast majority of cases settle outside of court, with only 3-5% of cases ending in a jury award.
This average settlement amount may be helpful in understanding the potential value of a medical malpractice case. However, the figure includes minor injuries, wrongful death, and catastrophic injury. The best way to determine how much your case is worth is through a consultation with experienced Miami medical malpractice attorneys.
Contact Lavent Law Personal Injury Lawyer to schedule a free case review with Boris Lavent to discuss your case.
What Compensation is Available for Gynecologist Malpractice in Miami, Florida?
You are entitled to fair compensation for the harm you have suffered due to a defendant’s negligence. There are three broad types of compensation available in a medical malpractice case: economic damages, non-economic damages, and punitive damages.
Economic damages compensate you for the financial losses you sustained after your injuries, such as medical bills and lost earnings. Non-economic damages compensate for personal losses without intrinsic financial value like pain and suffering. Punitive damages are rarely available in medical malpractice claims, but a jury can award these damages to punish a defendant.
You may be entitled to the following types of damages in an OBGYN malpractice case:
- Medical bills. This includes your current medical expenses and your future, reasonable medical care.
- Lost earnings. You are entitled to money for wages you lost while you recovered from your injuries. If the malpractice left you permanently impaired or disabled, you are entitled to lost or diminished earning capacity.
- Pain and suffering
- Reduced quality of life
- Mental anguish
- Emotional distress
At one point, Florida had a cap on non-economic damages in medical malpractice cases. The Florida Supreme Court ruled this state was unconstitutional in 2017. Accordingly, there is no limit to the compensation you can be awarded for your economic and non-economic losses.
How Long Do I Have to File an OBGYN Malpractice Lawsuit in Florida?
You have a limited amount of time to file a personal injury lawsuit after medical negligence. In Florida, the statute of limitations for medical malpractice lawsuits is two years. This deadline typically begins when you discover the injury. However, you are barred from bringing a lawsuit more than seven years from the date the malpractice actually occurred.
Delaying your case can make it harder to investigate your claim and gather evidence to prove your claim. Contact a Miami medical malpractice attorney at Lavent Law Personal Injury Lawyer as soon as possible to protect your claim.
Contact a Medical Malpractice Lawyer in Miami for a Free Consultation
If you have been the victim of medical malpractice, you deserve an experienced Miami gynecologist malpractice lawyer. Medical malpractice cases are notoriously difficult to prove, and you may face an uphill battle. At Lavent Law Personal Injury Lawyer we will help you level the playing field.
Contact our law office today to schedule a free consultation to discuss your case. We will help you take the next steps toward seeking the fair compensation you deserve. You pay nothing out of pocket for the legal representation you need.