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Chicago OB-GYN Malpractice Lawyer

Obstetrical and gynecological malpractice can devastate a woman’s health, family planning, and pregnancy, both present and future. A Chicago gynecological malpractice attorney helps victims of OB-GYN malpractice recover compensation and get justice against obstetricians and gynecologists who cause harm through medical negligence.

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Approximately 80 percent of OB-GYNs report having been named in at least one medical malpractice lawsuit, according to the 2021 Medscape OB-GYN Malpractice Report. Doctors in this field were the fifth most likely practitioners of 29 specialties to be sued.  

The effects of gynecological and obstetrical malpractice can be life-altering and may include a loss of reproductive ability, miscarriage, birth injuries, and long-term pain and suffering. The medical malpractice attorneys at Levin & Perconti help women and families get justice against negligent OB-GYN doctors.

Why Choose Levin & Perconti for Your OB-GYN Malpractice Lawsuit

Levin & Perconti is a nationally recognized law firm that has been helping victims of medical malpractice recover substantial compensation since our founding in 1992.  

Our founders, Steven Levin and John Perconti, have assembled a team of some of the best trial lawyers in the nation, including two of the leading birth injury attorneys, Dov Apfel and Seth Cardeli. Together, they have litigated birth trauma and obstetrical malpractice claims throughout the United States and are known for their high level of medical knowledge.   

We have repeatedly seen the heartbreaking results of OB-GYN malpractice, and are passionate advocates for all those who suffer injuries as a result of negligence. Our  experienced trial lawyers are dedicated to holding negligent hospitals, drug companies, physicians, obstetricians, nurses, midwives, family practitioners, and other providers accountable for their failures to keep patients safe.  

Our Chicago personal injury attorneys consistently achieve outstanding results against negligent health care providers. While financial compensation cannot reverse the damage, it can give women and families access to necessary health care and a sense of justice.

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Our Proven Success in Medical Malpractice Cases

We are proud to have helped hundreds of women and families get justice against negligent OB-GYNs. Our settlements and verdicts on behalf of OB-GYN malpractice victims include: 

  • $7 million settlement in the death of a young mother after her OB-GYN failed to diagnose abnormal bleeding after the birth of her daughter
  • $40 million verdict on behalf of a 19-year-old teen who suffered a severe and permanent brain injury during birth due to a delayed C-Section delivery
  • $1.95 million settlement against a gynecologist and a hospital for the unnecessary removal of an unmarried 28-year-old woman’s reproductive organs, resulting in permanent sterilization$20 million jury verdict for a child who suffered a catastrophic hypoxic-ischemic brain injury due to, among other things, mismanagement of abnormal fetal heart rate tracings during labor and delivery.
  • $9 million birth injury settlement to the family of an infant who suffered permanent brain damage from a doctor’s failure to test the mother for Group B Strep Meningitis during prenatal care
  • $14 million for the family of a child who suffered brain injury from lack of oxygen during her birth because of a Chicago area hospital’s failure to promptly respond to fetal monitoring and offer a timely C-section
  • $2.5 million settlement for the family of a two-year-old child who died after a doctor failed to diagnose the mother with an immune disorder during pregnancy
  • $2.3 million settlement against a laboratory in the death of a 35-year-old mother of three children for improper reading of a Pap smear, resulting in the misdiagnosis of cervical cancer 

What is OB-GYN medical malpractice?

OB-GYN medical malpractice occurs when a health-care provider’s negligence causes injuries while managing women’s reproductive health, prenatal care, and childbirth. 

Gynecological Errors 

According to the 2021 Medscape OB-GYN Malpractice Report, the most common reasons for lawsuits against OB-GYNs include: 

  • Complications from surgery 
  • Poor treatment outcomes 
  • Disease progression 
  • Failure to diagnose 
  • Delayed diagnosis 
  • Abnormal injuries 
  • Failure to treat 
  • Delayed treatment 

Gynecological errors may include failure to order annual Pap smears, failure to diagnose reproductive organ cancers, and failure to identify the cause of pain complaints. 

The Effects of Gynecological Errors 

The long-term effects of gynecological medical malpractice can result in lifelong complications that impact the woman and the entire family.  

  • Delayed cancer diagnosis 
  • Loss of reproductive abilities 
  • Fatal uterine hemorrhages 
  • Miscarriages 
  • Chronic pain 
  • Loss of sexual function 
  • Damage to other bodily organs 
  • Hormonal imbalance 
  • Psychological trauma 
  • Death 

Gynecological injuries can transform a woman’s life into a painful series of hospital stays, invasive tests, and treatments. They can put family planning on hold and result in a lifetime of disability, pain, and suffering. 

Obstetrical Malpractice 

The specialized field of gynecology called obstetrics focuses on pregnancy care and childbirth, including fetal development. Obstetrical malpractice may impact the health of the mother and infant and can lead to miscarriages, birth defects, stillbirths, or birth injuries. The most common examples of obstetrical malpractice include: 

  • Prescribing medication during pregnancy that is unsafe for the fetus 
  • Misuse of the vacuum extractor or forceps during labor 
  • Medication errors 
  • Failing to respond promptly to maternal medical emergencies 
  • Failing to promptly respond to signs of fetal distress during labor 
  • Miscommunications between physicians and nurses 
  • Delaying a necessary C-section 
  • Mismanagement of fetal heart rate tracings 
  • Failure to screen for gestational diabetes 
  • Failure to screen for fetal abnormalities 

Wrong-Patient Orders 

A Wrong-patient orders is a medical error where an order was placed for one patient that was intended for a different patient. A study by Obstetrics & Gynecology found that obstetrics units have nearly twice the wrong-patient orders as other medical-surgical units. This may be attributable to the unpredictability of the workflow in labor and delivery units and the fact that patients in maternal units have more similarities than in other areas.  

These circumstances do not excuse errors. They simply demand that health care providers remain alert, exercise diligence, and follow all safety protocols while performing their duties. Wrong-patient orders can lead to the following medical errors: 

  • Wrong medication 
  • Incorrect lab studies 
  • Incorrect nursing orders 

Birth Injuries 

The most serious birth injuries stem from oxygen deprivation at birth and physical injuries from manual birthing techniques performed by health care providers. The resulting injuries may include: 

A doctor measuring a pregnant woman's stomach

Do I have a case for OB-GYN malpractice?

You may have a case for gynecological or obstetrical malpractice if your attorney can prove that all of the following occurred: 

  • Duty of care: You established a doctor-patient relationship with the physician, and the physician owed a duty of care. 
  • Breach of duty: The physician failed to provide the level of care expected of similarly qualified and experienced physicians based on the information available at the time. 
  • Injury: You suffered an injury you would not have were it not for that breach. 
  • Proximate cause: The breach of duty, and not something else, is the direct cause of the injury. 

An OB-GYN malpractice case may be filed for injuries to a nonpregnant woman, an expecting mother, a postpartum mother, a fetus, or an infant injured during birth.

Who is liable for gynecological and obstetrical malpractice?

In addition to obstetricians and gynecologists, the following health professionals may provide women’s health services and face liability for negligence: 

  • Physician assistants 
  • Nurse practitioners 
  • Primary care doctors 
  • Certified nurse midwives 

Health care workers who offer support to female reproductive health care providers can also be held liable for gynecological and obstetrical malpractice for any act of negligence that causes or contributes to an injury. These providers may include: 

  • Pharmacists 
  • Laboratory specialists 
  • Anesthesiologists 
  • Nurses 
  • Hospitals 
  • Birthing centers

What compensation can I recover in a gynecological malpractice lawsuit?

The amount you can recover will vary based on the specific facts of your case, especially: 

  • The type of injuries 
  • The severity of the injuries 
  • The long-term pain and suffering brought on by the injuries 
  • Whether the injuries resulted in death 
  • The financial impacts of the injuries 

Severe injuries to a fetus or infant during birth may also impact the mother’s reproductive health. They can cause emotional trauma to the mother, father, and other family members. They can cause permanent disabilities in the child that prevent a parent from working or require significant financial commitments. 

Gynecological injuries or injuries to the mother during pregnancy, birth, or postpartum may result in long-term or permanent infertility, disability, or mental health effects. These injuries can also impact the fetus and the entire family.  

All of these factors must be considered when calculating a case’s value. Cases involving death or disabilities that are expected to last a lifetime, whether they impact the woman or the child, generally have the highest value.  

Damages available in Illinois medical malpractice cases include: 

  • Economic damages: verifiable monetary losses, such as lost wages and medical expenses 
  • Noneconomic damages: subjective damages related to impairments in quality of life, such as pain and suffering and loss of society 

If a woman or a fetus has died due to OB-GYN malpractice, you may be eligible to file a wrongful death lawsuit. This will enable the immediate family to recover the following additional damages: 

  • Funeral expenses 
  • Burial expenses 
  • Loss of companionship 
  • Loss of society 
  • Loss of comfort 
  • Loss of parental support 
  • Grief 
  • Sorrow 
  • Mental suffering 
  • Pain and suffering of the deceased 

Punitive damages are not available in medical malpractice cases in Illinois.

Statute of Limitations for a Medical Malpractice Claim in Illinois

The medical malpractice statute of limitations in Illinois is generally two years from the date the medical error was committed.  

If the malpractice is not discovered immediately, you can file a medical malpractice lawsuit no longer than four years after the date you discovered or should have discovered the injury.  

However, the Illinois statute of limitations provides exceptions for those filing a medical malpractice claim related to birth injuries. In situations where a child has suffered a birth injury, the parents may not know right away that their child has been harmed. In some cases it can take many years to diagnose a birth injury as neurological injuries may not present themselves until the child reaches developmental milestones.  

If the negligent act occurred when the injured party was under the age of 18, they will have up to eight years after the date of injury to bring a claim. Although, the victim must file the lawsuit before they turn the age of 22.  

Cases require substantial work before they can be filed. Promptly contacting a qualified personal injury attorney with experience in gynecological malpractice after your injury is critical to ensuring your attorney can build the strongest case possible.

How Our Experienced Gynecologist Attorneys Can Help

When you contact an OB-GYN malpractice attorney at Levin & Perconti, you can count on us to fight for you until you receive justice. Our compassionate and dedicated trial attorneys provide passionate advocacy and skillful representation to help you recover the highest compensation available. When families and lawyers need someone to help them figure out whether an injury could have been prevented, they call our firm.  

When we take on a client, we will leave no stone unturned to prove their case. We will accomplish this by: 

  • Thoroughly investigating your injuries and medical records 
  • Interviewing witnesses 
  • Retaining medical experts
  • Consulting with life care planners
  • Keeping you informed throughout your case

Can I afford an OB-GYN lawyer?

Levin & Perconti works on a contingency fee basis to assure that anyone injured by medical malpractice can afford highly skilled legal representation regardless of their financial resources.  

We advance your case costs, such as your filing fees and the cost to retain consultants, while providing advocacy and representation at no up-front cost to you.  

You do not owe us anything until we successfully resolve your case through a settlement or a verdict and collect your compensation.

Contact Our Chicago OB-GYN Malpractice Attorneys Today

If you have been harmed due to obstetrical or gynecological malpractice, you deserve justice. Contact us today to schedule a free, confidential, no-obligation case evaluation.