Can I Sue My Obstetrician for Medical Malpractice in West Palm Beach?

Gregg Hollander | September 11, 2024 | Medical Malpractice

A woman in labor, holding someone's hand for support, with medical staff assisting during childbirth.

Yes, you can sue an obstetrician for medical malpractice in West Palm Beach, FL. Of course, your decision about whether to sue should be based on the strength of your case. The typical malpractice victim may suspect they’ve suffered the consequences of a medical provider’s negligence, but it can be more difficult to know if you have grounds for a medical malpractice case.

Speaking with a West Palm Beach medical malpractice lawyer will help you decide whether to sue your obstetrician and any other liable party. Do not wait to speak with law firms serving West Palm Beach, as Florida statutes generally require you to file a medical malpractice lawsuit within a relatively short period of time.

Obstetricians Have a Duty to Protect Multiple People

While most doctors deal with a single patient, obstetricians have a duty to ensure the safety and health of both mother and child. Every patient is important, but it is fair to say that an obstetrician’s duty of care is even greater than most.

An obstetrician is often responsible for:

  • Prenatal care for both mother and child
  • Delivering the child
  • Caring for the child after birth, perhaps for weeks or months

Within this timeframe, which may be longer than a year, an obstetrician may:

  • Meet with the mother at regular intervals to monitor her and the child’s health
  • Meet with the mother if any abnormalities arise during pregnancy
  • Conduct imaging, tests, and other services to ensure the child’s safety
  • Ensure the baby’s growth and overall health throughout pregnancy
  • Conduct screening for any conditions that may risk the child’s or mother’s safety or long-term health and well-being
  • Advise the mother about any potential problems that require medical attention
  • Advise the mother about what to do and what not to do while pregnant
  • Oversee the delivery of the child
  • Provide care to the mother and child in the days and weeks after delivery

Every medical professional’s job is complex. In addition to these and other medical duties, an obstetrician must exercise judgment and caution. The obstetrician (and others involved in care) must always err on the side of informing the patient and protecting all patients’ well-being.

Mistakes and Misjudgments by Obstetricians That May Warrant a Medical Malpractice Lawsuit

Nobody will underplay the difficulty of being a medical provider, especially when the provider must care for both a mother and a child (in many cases, one that has not been born yet). That said, obstetricians must live up to basic standards of care, and a failure to do so generally qualifies as negligence.

Some mistakes and examples of poor judgment that can qualify as medical malpractice by an obstetrician include:

  • Dismissing or failing to appropriately investigate a mother’s concerns
  • Failing to conduct all necessary imaging, screening, and other preventative resources
  • Failing to diagnose prenatal conditions in an accurate or timely manner
  • Misdiagnosing a prenatal condition
  • Encouraging the patient to receive treatment that proved dangerous or unnecessary
  • Failing to monitor signs of distress in the mother and child before, during, or after the child’s birth
  • Failing to order an emergency C-section delivery when necessary
  • Causing a birth injury during delivery

If you have reason to believe that an obstetrician failed in their duties to you or your child, you owe it to yourself to speak with an attorney. Depending on the harm you’ve suffered, you or your child (or both) may face a difficult financial, emotional, psychological, or physical road ahead.

Negligence at an Institutional Level Can Also Qualify as Malpractice

Some of the most common causes of obstetrician-related malpractice happen at the organizational level. This includes but is not limited to, the failure to coordinate care for mother and child.

Attorneys often find that medical malpractice often results from the failures of multiple parties. A hospital or other employer of medical professionals may have been negligent if its representatives:

  • Failed to properly vet or train an obstetrician
  • Hired any employee who was unfit, suffering from addiction, or was otherwise a danger to you or your child
  • Failed to monitor employees and contractors to ensure they were fit to practice and engage in safe forms of care
  • Did not provide the equipment or other resources necessary to ensure patient safety
  • Failed to maintain a clean and sterile premises
  • Incentivized profits over patient safety
  • Engaged in any other form of negligence that contributed to a harmful outcome

Facilities often have strict liability for employees’ and contractors’ actions. This means that you may have grounds to sue a medical facility for the failures of an obstetrician, even if the facility did not directly commit malpractice.

Your Lawsuit May Be Complex, High-Stakes, and Best Left to an Experienced Attorney

Holding medical professionals accountable can be difficult. Liable parties may argue that they did not make a mistake. Even if they admit to a mistake, they may claim that they did not engage in unreasonable behavior that qualifies as negligence.

If you hope to secure fair compensation for your losses, you will need to present a strong case. An experienced medical malpractice lawyer may be best qualified and equipped to build a compelling medical malpractice case for you.

Many individuals harmed by obstetricians’ negligence hire a West Palm Beach medical malpractice lawyer because:

  • The technical medical aspects of your case may be highly complex, and having an experienced lawyer (and their medical experts) will prevent confusion and errors
  • Medical malpractice cases can be costly, and a lawyer will handle your case based on contingency fee (meaning you won’t pay for their services out of your own pocket)
  • Any negligent obstetrician and other liable parties are likely to have representation, and having your own can level the field
  • Attorneys have experience and legal knowledge, which can be critically important to the success of your claim or lawsuit

There are also benefits to hiring a lawyer that range beyond your case. You may experience reduced stress, more freedom to focus on recovery, the benefits of a strong support network, and many other secondary benefits because a lawyer is leading your case.

How Do I Find a Good Medical Malpractice Lawyer in West Palm Beach?

There are several ways to find a medical malpractice attorney in West Palm Beach, including:

  • Speaking with any friends or family who have used a medical malpractice lawyer
  • Searching “medical malpractice attorney in West Palm Beach”
  • Responding to experienced personal injury lawyer advertisements in West Palm
  • Using any other means you deem appropriate to find your lawyer

For most, the internet offers the most valuable information. You can review law firms’ results, client testimonials, and other information that will help you find the best law firm for your case.

Remember that you should not wait any longer to find an attorney. The liable obstetrician may have evidence your lawyer needs to secure right away, and there may be a strict filing deadline for your lawsuit. Your lawyer will immediately begin working on your case.

How a Medical Malpractice Lawyer Will Build the Case Against a Negligent Obstetrician

An attorney will make your medical malpractice case against an obstetrician simple. You will only need to complete a consultation, answer a few questions from your lawyer, give your attorney any relevant evidence and documentation, and let your law firm take it from there.

The typical sequence for completing a medical malpractice claim against an obstetrician includes:

Proving that the Obstetrician Committed Malpractice

Obtaining fair compensation for you begins with proving malpractice. Compelling evidence in an obstetrician-related medical malpractice case may include:

  • Your recollection of care you received (or did not receive) from the obstetrician
  • Expert testimony about how the obstetrician failed in their duty of care
  • Any medical records that indicate negligence (your lawyer may need to take legal measures to secure such documentation)
  • Proof of any injury to you or your child, which may be de facto evidence that the medical provider failed to protect you

Experts will be a key resource in your case. Medical malpractice lawyers have active relationships with medical experts, as cases like yours often involve highly technical medical concepts and terminology.

Documenting Damages Resulting from the Obstetrician’s Malpractice

Your legal team will chart the harm you and your child (if they suffered an injury) have suffered because of the malpractice. Documentation may include:

  • Medical records related to care you’ve received after the malpractice
  • Experts’ testimony about injuries and symptoms resulting from malpractice
  • Proof of any lost income or other professional damages you’ve suffered due to malpractice 
  • Mental health experts for the pain and suffering you and your child have endured

If your child suffered a birth injury, much of the documentation in your case will revolve around their damages.

Calculating the Financial Cost of Your Damages

The success of your medical malpractice case will be judged on the amount of compensation you receive. Your lawyer will determine the exact value of a fair settlement or verdict.

A fair financial recovery accounts not only for damages you’ve already suffered but also for damages you or your child will face in the future.

Developing a Strategy for Securing the Money You Are Entitled To

A woman sits at a table, withdrawing money from her wallet, reflecting on a recent medical malpractice settlement.

Most medical providers have insurance that covers the effects of malpractice. For this reason, you and your lawyer will likely need to determine:

  • Whether filing an insurance claim is the right strategy, especially as an initial approach
  • Whether filing a medical malpractice lawsuit is necessary

Many clients start by filing an insurance claim. If insurance companies act in bad faith or other roadblocks prevent a fair settlement, their lawyer may then file a lawsuit. Your attorney will create a personalized strategy based on the unique facts of your life and your case.

Conducting Settlement Negotiations

Many victims of medical malpractice have received fair compensation through a settlement. Your attorney will prepare their case and represent you in settlement negotiations.

Settling a case takes two. Your attorney will present fair demands, but the obstetrician’s insurance provider or defense lawyer will need to agree to fair terms. If liable parties aren’t willing to pay you and any other victims fairly, you may have to sue.

If you ultimately file a medical malpractice lawsuit in West Palm Beach, you’ll be glad that you hire an attorney. Great lawyers are equally adept at handling insurance claims and lawsuits, so you will have access to both options the moment you retain your attorney.

Most people facing the physical and psychological effects of medical malpractice are not prepared or even able to handle these complex responsibilities. A lawyer will take your entire case off your hands.

Many medical malpractice cases involving obstetricians result from harm to both parent and child. Your lawyer will gain a complete understanding of the cost of the malpractice you’re seeking justice for.

How Obstetrician Malpractice Can Affect a Child

A child who suffers a birth injury due to obstetrician negligence may:

  • Endure immense pain and suffering
  • Require lifelong medical care
  • Have to live with the challenges of a disability
  • Suffer sleep loss
  • Need mental health services

Many with birth injuries lose their independence. Your attorney will account for all the economic and non-economic harm your child has suffered (if they suffered an injury).

How Obstetrician Malpractice Can Affect a Parent

Parents are often victims of medical providers’ negligence, and you may face:

  • Medical expenses for your own and your child’s care
  • Lost earnings and other professional losses (if you need to recover or leave your job to care for your child)
  • Caregiver expenses
  • The cost of feeding, sheltering, and caring for a child with a disability (and, in many cases, a disabled adult)

Your lawyer will take a personal investment in your and your child’s recovery. They will fight to secure the compensation you are entitled to.

Hire a West Palm Beach Medical Malpractice Attorney as Soon as Possible

Medical malpractice cases are about getting you the financial support you need. Your case is also about providing justice for medical providers’ failure to protect you (and possibly your child).

Don’t wait to hire a personal injury lawyer in West Palm Beach so they can resolve your case as soon as possible.