Everything You Need to Know About Obstetrical Malpractice
Medical malpractice is a horrible reality for far too many Americans with more than 98,000 injuries occurring annually in the United States alone. Obstetrical malpractice can have devastating effects given the medical vulnerability of pregnant women and their unborn children. The damages are often deadly and life altering. At Rossetti & DeVoto, we are continuously fighting for our clients and getting them the compensation they deserve when medical negligence occurs. Here is everything you need to know about obstetrical malpractice.
What is Obstetrical Malpractice?
Obstetrical malpractice is any form of medical malpractice relating to either pregnancy or childbirth. Obstetrical malpractice includes that period of pregnancy from inception through the birth of the child. As such, there are many instances where medical malpractice can occur. These include, but are not limited to:
- Failure to properly conduct and interpret genetic testing resulting in wrongful birth
- Mistakes in testing for injury to the fetus
- Failure to properly manage gestational diabetes
- Misdiagnosis during pregnancy
- Negligence during labor and delivery
Obstetrical Negligence Damages
Regardless of the nature of the negligence, or whether the onset of complications occurred suddenly or over time, no mother – or family for that matter – should have to face the consequences of obstetrical malpractice. When bringing a claim of negligence against an OB/GYN, a plaintiff must prove that the doctor deviated from the accepted standard of care owed to the patient. Further, this breach of duty must have directly resulted in the injuries or loss sustained by the patient or mother. In order to legally pursue a claim in New Jersey, a physician in the same specialty as the defendants, must provide an affidavit under oath swearing that the care and treatment fell below the accepted standard of care.
As with all malpractice claims, the cases are extremely hard fought and expensive to pursue. For that reason, it is difficult to pursue a medical malpractice case unless the injuries are life altering. Successful claims can greatly assist a family in obtaining much needed medical costs and life care for their child as well as damages for the “pain and suffering” the injured child has to endure because of the medical negligence or misdiagnosis.
What to If You Are the Victim of Obstetrical Misdiagnosis or Malpractice
Obstetrical malpractice can change a families’ life in an instant. At Rossetti & DeVoto P.C., we have successfully represented many individuals who were victims of obstetrical malpractice. We have not only settled many cases but have successfully tried many to jury verdict. We know the tope experts in their respective fields and we are well versed on the medicine and the law, which is essential to winning. The cases we have successfully handled involving infants are all “confidential settlements” due to the amount of the recovery.
At Rossetti & DeVoto, we work tirelessly for our clients to protect their rights and their futures. If your family is the victim of obstetrical malpractice or a misdiagnosed birth injury, give us a call today at 844-263-6260.