The #1 Atlanta OB/GYN Malpractice Lawyer

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Nathan Whittenburg

Owner & Attorney - Atlanta Personal Injury Law Firm

This article has been written and reviewed for legal accuracy and clarity by the team of writers and legal experts at Atlanta Personal Injury Law Firm and is as accurate as possible. This content should not be taken as legal advice from an attorney. If you would like to learn more about our owner and experienced Georgia personal injury lawyer, Nathan Whittenburg, you can do so here.

Atlanta Personal Injury Law Firmย does everything possible to make sure the information in this article is up to date and accurate. If you need specific legal advice about your case, contact us. This article should not be taken as advice from an attorney.

Do You Qualify for an OB/GYN Medical Malpractice Lawsuit?

An Atlanta OB/GYN malpractice lawyer from First Class โ€“ The Atlanta Personal Injury Law Firm can help you pursue justice after negligent medical care causes harm during pregnancy, childbirth, or gynecological treatment.

These cases often involve serious injuries to both the mother and unborn child, requiring the help of an experienced lawyer who has a deep knowledge of medical standards.

If you suspect malpractice played a role in your experience, our Atlanta OB/GYN Malpractice Lawyer Nathan Whittenburg is here to investigate and advocate for the compensation you deserve.

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We Review OBGYN Malpractice and Medical Negligence Cases

When medical care falls short during pregnancy, childbirth, or routine gynecological treatment, the consequences can be devastating.

OB/GYN malpractice cases often involve severe harm to both the mother and unborn child, including birth injuries, permanent birth defects, or even wrongful death.

Obstetricians and gynecologists are trusted to provide safe, competent care throughout pregnancy, prenatal care, delivery, and beyond.

But when they fail in this responsibility, whether through surgical error, misdiagnosis, or administering incorrect medications, families are left to face unimaginable pain and loss.

At First Class, we represent victims in birth injury cases, botched gynecological surgeries, and suspect OB/GYN malpractice cases involving fetal distress, delayed treatment, or mismanaged prenatal complications.

Our firm handles every medical malpractice claim with precision, compassion, and a deep understanding of how negligence can disrupt lives.

From improperly performed laparoscopic procedures to overlooked signs of infection or fetal distress, OB/GYN malpractice can take many forms.

We are here to hold providers accountable when their failures cause irreversible harm to expectant mothers and their children.

Whether youโ€™re coping with the aftermath of a traumatic delivery or facing lasting damage to your female reproductive system, you have legal options.

Contact us to speak with an experienced Atlanta OB/GYN malpractice lawyer who can help you pursue justice.

If you or a loved one suffered harm due to an OB/GYNโ€™s negligence during prenatal care, childbirth, or a gynecological procedure, you may be eligible to file a medical malpractice claim and seek compensation for your losses.

Contact First Class – The Atlanta Personal Injury Law Firm today for a free consultation.

Use the chat feature on this page to find out if you qualify for an OBGYN malpractice case instantly.

Table of Contents

Types of OB/GYN Malpractice and Negligence Explained

OB/GYN malpractice occurs when a healthcare provider fails to uphold the accepted standard of care in obstetric or gynecological treatment, leading to serious harm for the patient.

These medical malpractice cases often involve medical error, delayed diagnosis, or the improper use of medical tools and techniques that put both mother and child at risk.

Medical experts are often called upon to analyze these cases and determine whether the injuries caused were the result of negligence.

Obstetrical malpractice, in particular, refers to mistakes made during pregnancy, labor, and delivery, moments when prompt, informed medical attention is critical.

Failure to act in a timely manner can result in permanent damage, including cases involving birth injuries like oxygen deprivation, fetal growth restriction, or undiagnosed gestational diabetes.

Gynecological negligence may also arise in cases involving misdiagnosed conditions like cervical cancer or errors during surgeries such as hysterectomies or laparoscopic procedures.

A common example includes prescribing the wrong medication or administering a treatment without verifying the patientโ€™s history or contraindications.

Even a single medication error can lead to irreversible reproductive damage.

Patients place their trust in OB/GYNs to care for some of the most vulnerable aspects of their health.

When that trust is broken, the impact can be life-altering.

Some of the most common examples of OB/GYN malpractice include:

  • Failure to diagnose or treat gestational diabetes
  • Delayed diagnosis of cervical or ovarian cancer
  • Mismanagement of high-risk pregnancies
  • Failure to monitor fetal distress
  • Oxygen deprivation during delivery
  • Improper use of forceps or vacuum extractors
  • Surgical error during C-sections or gynecological procedures
  • Failure to detect fetal growth restriction
  • Misdiagnosis of ectopic pregnancies
  • Performing procedures without informed consent
  • Administering the wrong medication or dosage
  • Failure to act on signs of infection
  • Ignoring abnormal test results or lab findings
  • Retained surgical instruments after procedures
  • Delayed response to postpartum hemorrhage
  • Negligent management of uterine rupture or placental abruption

Each of these errors represents a serious failure to provide adequate care, and victims deserve answers.

A thorough review by qualified medical experts can reveal how and why the malpractice occurred and what legal options are available to seek justice.

Steps to Take If you Suspect OBGYN Malpractice

If you suspect that you or a loved one has been harmed due to negligent medical care by an OB/GYN, itโ€™s critical to act quickly and preserve evidence.

Malpractice cases often rely heavily on medical records, expert testimony, and documentation of harm.

Start by seeking immediate medical attention from another trusted healthcare provider to assess your current condition.

Keep detailed records of all symptoms, treatments, and medical expenses related to the injury.

These records will help experienced attorneys and medical experts evaluate your case and determine liability.

Taking the right steps early can make a significant difference in holding negligent health care providers accountable.

Here are the key steps to take if you suspect OB/GYN malpractice:

  1. Seek a second opinion or alternative medical care to address any urgent health concerns and begin corrective treatment.
  2. Request complete copies of your medical records from all health care providers involved.
  3. Document your symptoms and experiences in detail, including dates, treatments, and conversations with providers.
  4. Track all medical expenses and any financial losses resulting from missed work or ongoing care.
  5. Avoid discussing the case with providers or their insurers before consulting legal counsel.
  6. Contact experienced attorneys who handle OB/GYN malpractice cases to review your situation and determine if legal action is warranted.

Who Can Be Held Liable in OB/GYN Malpractice Cases?

Liability in OB/GYN malpractice cases depends on the facts, the medical mistake involved, and the specific duties of each party during your care.

In most cases, the primary responsibility falls on the obstetrician or gynecologist who failed to provide treatment that meets the accepted standard of medical knowledge and practice.

However, liability may also extend to nurses, anesthesiologists, surgical assistants, or even the hospital or clinic itself if they contributed to the negligent medical care.

Establishing a clear doctor-patient relationship is critical to proving that a duty of care existed, and that the healthcare provider breached that duty through a preventable medical error.

Hospitals and health systems may be liable if they hired unqualified staff, failed to supervise care, or created an unsafe environment that contributed to your injuries.

In some cases, medical facilities may also be held responsible for systemic issues, such as improper protocols for monitoring fetal distress or delays in emergency responses.

Victims of OB/GYN malpractice may be entitled to financial compensation for medical expenses, lost income, long-term care needs, and pain and suffering.

But filing a claim often means going up against a powerful insurance company that will work to minimize your losses or deny fault.

Thatโ€™s why itโ€™s essential to work with experienced trial lawyers who understand how to investigate malpractice, consult medical experts, and build a strong case on your behalf.

Trial lawyers can help you determine who is liable, calculate the full extent of your damages, and fight for the justice you deserve.

Gathering Evidence for an OBGYN Malpractice Case

Strong evidence is the foundation of successful medical malpractice cases involving obstetricians and gynecologists.

Medical records and documentation of your medical treatment help establish what went wrong and whether standard protocols were followed.

Without clear evidence, it becomes much harder to prove negligence or link a providerโ€™s actions to your injuries.

Preserving this information early gives your legal team the tools they need to pursue accountability and compensation.

Important forms of evidence may include:

  • Complete medical records from all treating providers
  • Records of prenatal care and fetal monitoring
  • Surgical reports and procedure notes
  • Prescription history and medication logs
  • Test results, lab work, and imaging scans
  • Hospital or clinic incident reports
  • Written communication with doctors or staff
  • Witness statements from nurses, family, or other staff
  • Expert reviews from independent medical professionals
  • Records of follow-up treatment and long-term care needs

Types of Damages in an OBGYN Malpractice Lawsuit

Victims of OB/GYN medical malpractice may be entitled to several forms of compensation, depending on the severity of the injuries and the long-term consequences involved.

A skilled lawyer will work to calculate and assess these damages in full: consulting medical experts, reviewing financial losses, and accounting for the emotional toll of what happened.

Attorneys familiar with the standards of the medical community can also challenge the defenseโ€™s valuation and advocate for fair compensation that reflects both present and future harm.

This includes negotiating with insurance companies or presenting the case in court when necessary to secure the maximum recovery possible.

Common damages in an OB/GYN malpractice lawsuit may include:

  • Medical bills for surgeries, hospital stays, medications, and follow-up care
  • Lost wages due to time away from work or permanent inability to return
  • Pain and suffering caused by physical injury, childbirth trauma, or chronic conditions
  • Emotional distress, including PTSD, anxiety, or depression resulting from the experience
  • Loss of fertility or reproductive function due to surgical error or delayed treatment
  • Funeral expenses in cases involving maternal or infant wrongful death
  • Long-term care costs for a child born with disabilities due to medical negligence
  • Loss of enjoyment of life from permanent injury or disfigurement

An experienced attorney will gather detailed evidence to document each category of loss and fight to hold negligent providers accountable for the full impact of their actions.

First Class - The Atlanta Personal Injury Law Firm: Handling OB GYN Medical Malpractice Cases

At First Class, we understand how devastating it can be when trusted OB/GYNs fail to deliver the level of care patients deserve.

Whether your lawsuit alleged birth injuries (such as cerebral palsy), delayed diagnoses, surgical mistakes, or preventable maternal complications, our team is prepared to take action.

We approach every case with the full weight of legal and medical expertise, treating you with the respect and attention you didnโ€™t receive from your healthcare provider.

Our firm represents clients on a contingency fee basis, meaning you pay nothing unless we recover compensation on your behalf.

If you believe you or a loved one was harmed by OB/GYN malpractice, donโ€™t wait.

Contact First Class โ€“ The Atlanta Personal Injury Law Firm to speak with a dedicated attorney about your rights and legal options.

You can also use the chat feature on this page to find out if you qualify for a medical malpractice lawsuit instantly.

Frequently Asked Questions

  • What are the signs that I may have an OB/GYN malpractice case?

    Not every poor outcome is the result of malpractice, but there are clear warning signs that your injuries may have been caused by a providerโ€™s negligence.

    If you experienced unexpected complications during pregnancy, childbirth, or a gynecological procedure, and were not informed of the risks or did not receive prompt medical attention, malpractice may be involved.

    A qualified attorney can review your case and consult with medical experts to determine whether a breach of the standard of care occurred.

    Common signs of OB/GYN malpractice include:

    • A serious injury to the mother or child that was not explained or expected
    • Lack of informed consent before a procedure or treatment
    • Delayed diagnosis of conditions like gestational diabetes or cervical cancer
    • Failure to respond to fetal distress or complications during labor
    • Surgical errors during C-sections, hysterectomies, or laparoscopic procedures
    • Administration of the wrong medication or incorrect dosage
    • Post-procedure infections or complications that were ignored
    • Sudden need for emergency surgery after routine prenatal visits or procedures

    If youโ€™ve noticed any of these red flags, speak with an attorney who can evaluate your medical records and help determine whether you have grounds for a lawsuit.

  • How long do I have to file an OB/GYN malpractice lawsuit in Georgia?

    In Georgia, the statute of limitations for filing a medical malpractice lawsuitโ€”including OB/GYN malpracticeโ€”is generally two years from the date of the injury.

    However, if the injury wasnโ€™t discovered right away, you may have up to five years from the date the negligent act occurred, depending on the circumstances.

    This is known as the statute of repose and applies even if the harm wasnโ€™t immediately apparent.

    Certain exceptions may apply in cases involving minors or instances where a foreign object was left in the body, but these are rare.

    Because deadlines are strict and missing them can bar you from recovering compensation, it’s crucial to speak with an attorney as soon as you suspect malpractice occurred.

    A lawyer can review your timeline, gather the necessary medical documentation, and move quickly to protect your rights.

  • What should I do if Iโ€™m considering filing an OB/GYN malpractice lawsuit?

    If youโ€™re thinking about filing a lawsuit for OB/GYN medical malpractice, taking the right steps early can strengthen your case and protect your legal rights.

    Timing, documentation, and expert legal guidance are critical in these cases.

    Hereโ€™s what you should do:

    1. Seek follow-up medical care from a qualified provider to address your current health and obtain a second opinion.
    2. Request your complete medical records from all involved hospitals, OB/GYNs, and clinics.
    3. Document your experience in detail, including symptoms, treatments, conversations with providers, and any unexpected outcomes.
    4. Track all related expenses, including medical bills, lost wages, and out-of-pocket costs for care or support.
    5. Consult with a medical malpractice attorney who can evaluate the facts, consult with medical experts, and advise you on your options.

    These steps can help you build a strong claim and begin the process of holding negligent providers accountable for the harm youโ€™ve suffered.

  • Can I sue an OB/GYN for emotional distress?

    Yes, emotional distress can be part of an OB/GYN malpractice lawsuit, especially when the negligence caused traumatic outcomes such as birth injuries, reproductive loss, or wrongful death.

    While emotional harm alone may not always be enough to bring a case, it becomes a valid component of damages when tied to a physical injury or medical error.

    For example, if a botched procedure led to permanent infertility or the loss of a child, the emotional suffering that follows is considered a significant part of your claim.

    Courts recognize the psychological impact of medical negligence, particularly in sensitive areas like pregnancy and reproductive health.

    An attorney can help you assess the extent of your emotional damages and present them alongside medical and financial losses when pursuing compensation.

  • Do I need an expert witness for an OB/GYN malpractice case?

    Yes, expert testimony is almost always required in OB/GYN malpractice cases.

    Georgia law mandates that a qualified medical expert (typically someone in the same specialty as the defendant) must review the facts and provide an affidavit stating that the standard of care was violated.

    This expert plays a critical role in explaining how the OB/GYNโ€™s actions fell short of accepted medical practices and how those actions directly caused harm.

    Without this testimony, the case is unlikely to move forward in court.

    An experienced malpractice attorney will have access to a network of trusted medical experts who can evaluate your records, support your claim, and testify if needed.

Written By:
Picture of Nathan Whittenburg

Nathan Whittenburg

Owner & Attorney - Atlanta Personal Injury Law Firm

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Have A Case?

Our firm specializes in personal injury cases across the state of Georgia, working on a contingency fee basis to ensure the best possible service for each client.

Click below to get a free, instant case evaluation and find out if you qualify for legal action immediately.

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About Atlanta Personal Injury Law Firm

Atlanta Personal Injury Law Firm specializes in personal injury cases across Georgia, including motor vehicle accidents, premises liability, catastrophic injuries, and wrongful death claims. Our experienced Georgia injury attorney works on a contingency fee basis, ensuring you only pay legal fees once we secure your settlement or verdict.

Contact our experienced legal team by phone or visit our website for a instant case evaluation. Trust Atlanta Personal Injury Law Firm for dedicated legal representation in Georgia.

Do You
Have A Case?

Our firm specializes in personal injury cases across the state of Georgia, working on a contingency fee basis to ensure the best possible service for each client.

Click below to get a free, instant case evaluation and find out if you qualify for legal action immediately.

Would you like our help?

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