Massachusetts Legal Blog

Everything You Need to Know About Obstetrical Malpractice

Medical malpractice is a sad but true reality in the world. The pain and anguish caused through the negligence of a medical practitioner are terrible enough, but when the malpractice directly affects the health and wellbeing of a newborn and its mother, the results of the malpractice can be truly devastating. Medical malpractice concerning prenatal and child birthing injuries and deaths are known as obstetrical malpractice. According to the results of a recent Medscape malpractice report, over 4,000 of the OB/GYN, physicians, and other medical personnel have been sued for malpractice over the course of their careers.  Here is everything you need to know about obstetrical malpractice.

What Is Obstetrical Malpractice

Obstetrical malpractice refers to any form of medical malpractice relating to either childbirth or pregnancy.  Obstetrical malpractice includes the entire period of pregnancy from conception through the birth of the child. As such, there are a considerable number of instances where medical malpractice may occur. These include:

  • The failure to properly conduct or interpret genetic testing, resulting in a wrongful birth.
  • Mistakes in the testing for injury to the fetus.
  • Failure to properly manage or diagnose gestational diabetes.
  • A misdiagnosis during the pregnancy.
  • Negligence during labor and delivery.
  • Delay or failure to manage fetal distress.
  • Failure to do timely C-section.
  • Failure to manage shoulder dystocia.
  • Negligent administration of Pitocin and any other medications.
  • Failure to properly manage premature delivery.
  • Surgical negligence.

Damages for Obstetrical Malpractice

No matter what the nature of the negligence, or whether the onset of complications occurred suddenly or over time, no family should have to face the consequences which come with obstetrical malpractice.  When seeking to bring a negligence claim against an OB/GYN, the family must prove that the doctor deviated from what the accepted standard of care owed to the patient. This breach of duty must also directly result in the injuries or loss sustained by the mother.  To pursue a claim in Massachusetts, a physician in the same specialty as the defendants must, under oath, provide an affidavit swearing that the care and treatment fell well below the acceptable standards of care.

As with other malpractice claims, these cases are extremely hard-fought and expensive to pursue.  Because of this, it is difficult to pursue a medical malpractice case unless the injuries are life-altering in nature.  

Consult an Experienced Massachusetts Malpractice Attorney Today

Obstetrical malpractice can change the life of a family in an instant. At the Shapiro Law Group, we have successfully represented many families who were the unfortunate victims of obstetrical malpractice.  We have not only settled many cases but have successfully tried many others to jury verdict.  We know the leading experts in their respective medical fields, and we are well versed on both medicine and the law, which is key to winning your claim.  

To get the proper compensation for obstetrical malpractice errors, make sure you consult the  Shapiro Law Group. In addition to medical expenses, you may be entitled to compensation for the pain and suffering you have had to endure. Call today at (339) 309-1188 for a free consultation.