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Obstetricians and gynecologists care for women through pregnancy, childbirth and every stage of women’s health. Most do outstanding work, and we have had clients who adore their doctors. But when an OB/GYN falls below the standard of care, the harm to a mother, a baby or a family can last a lifetime.
Birth Injuries
Labor and delivery move fast, and the medical team must recognize trouble and act in time. Birth injury cases often involve:
- Failure to monitor the baby’s heart rate or to respond to signs of fetal distress
- Delay in performing a C-section
- Shoulder dystocia and brachial plexus (Erb’s palsy) injuries
- Oxygen deprivation (HIE) leading to brain injury or cerebral palsy
- Improper use of forceps or vacuum
- Failure to diagnose and manage preeclampsia, infection or gestational diabetes
Gynecologic Errors
- Unnecessary hysterectomies or removal of organs without proper consent
- Perforation of the uterus or bowel during a D&C (dilation and curettage) or other procedure
- Surgical errors during laparoscopic procedures
- Failure to diagnose breast, cervical or ovarian cancer
Women Deserve a Say in Their Own Care
What has surprised us most is how often major decisions about a woman’s body are made without her full participation. We have tried several cases where women had enormous medical decisions made without any real discussion, most commonly hysterectomies. Removing a woman’s uterus in a non-emergency situation without a full discussion and her consent is unacceptable. See lack of informed consent.
Injuries From a D&C
A D&C involves scraping the lining of the uterus and is used to remove tissue after a miscarriage, treat abnormal bleeding, and for other purposes. It is common, but delicate. We have represented women whose uterus and bowel were perforated because the procedure was performed too aggressively. Perforation is a known risk, but a known risk does not excuse a careless procedure, or a failure to recognize and treat the injury afterward.
Pennsylvania Rules You Should Know
- Two-year deadline. A malpractice suit generally must be filed within two years of when the patient knew, or reasonably should have known, of the injury and its cause. Special rules can apply to children and to deaths. Do not wait to get advice.
- Certificate of Merit. Your lawyer must certify that a qualified medical professional reviewed the case and found the care likely fell below accepted standards and caused the harm. It is filed with the complaint or within 60 days after.
- Expert testimony is required. The expert generally must practice in the same or a substantially similar specialty as the provider being sued.
- No cap on compensatory damages. Pennsylvania does not limit what a jury can award for medical expenses, lost earnings, and pain and suffering.
- Children’s claims. Different, often longer, deadlines can apply to a child’s birth injury claim. The parents’ own claims may have shorter deadlines. Get advice early.
Related Cases We Handle
- Lack of informed consent
- Misdiagnosis and failure to diagnose
- Surgical errors
- All medical malpractice cases
Talk to a Malpractice Lawyer
Every case starts with a conversation with a lawyer, not an intake clerk. If the facts and injuries support a closer look, we have the medical records reviewed by an appropriate physician before you commit to anything. Our medical malpractice cases are handled by Noah Fardo and Bill Rogel.
Call 412-802-6666 or email Managing Partner Noah Fardo at npf@pghfirm.com. Prefer to text? Use 412-855-5511. More answers: Medical Malpractice FAQ.
There is no fee unless we obtain a monetary recovery. We advance the case costs and are reimbursed from the client’s share only if we are successful. General information only, not legal advice. Past results do not guarantee a similar outcome.











