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Gynecologic Medical Malpractice

Syracuse Lawyers for Victims of Negligence by Healthcare Providers

Gynecologists are physicians that focus on women's health, including the female reproductive system. They must treat a host of problems including sexually transmitted infections, fertility problems, pregnancy-related disorders, menstruation-related disorders, and more. They also supervise and manage care during pregnancies. Gynecologists obtain 8 years of training and must be certified and registered. In the United States, some women prefer to visit a well-woman clinic rather than a primary care doctor for general health issues. The gynecologist may then refer the patient to another specialist. If you believe you suffered harm as a result of gynecological care, an experienced Syracuse medical malpractice attorney can evaluate your potential claims.

What Does a Gynecologist do?

Gynecologists treat patients who have female reproductive organs regardless of their gender identity. Obstetricians are a particular type of gynecologist that focuses on childbirth and pregnancy. In order to become a gynecologist, someone must train to be a doctor and then specialize within the field of obstetrics and gynecology. They need to pass further testing in order to get certification and registration. Gynecologists commonly treat issues arising out of fertility, menstruation, pregnancy and menopause, as well as polycystic ovarian syndrome, congenital abnormalities, emergency care, endometriosis, pelvic inflammatory diseases, sexual dysfunction, sexuality, incontinence, and issues arising from the structures supporting pelvic organs. Often gynecological conditions also affect other concerns like acne, back pain, psychiatric issues, and hormonal issues, and gynecologists may also treat those.

Gynecologic Medical Malpractice

There are many ways in which a gynecologist may perpetrate malpractice, including failure to diagnose breast, cervical, or uterine cancer, misdiagnosis, failure to timely treat cancer, failure to order a PAP smear, errors during a hysterectomy, negligent treatment of endometriosis or fibroid tumors, complications during abortions, failing to address side effects to medication or hormonal treatment, prescribing an inappropriate medication, and failed tubal ligation.

Catastrophic birth injuries can arise from obstetrics and gynecologic medical malpractice. A baby may be born with cerebral palsy, brain injuries, spinal cord damages, broken bones, facial paralysis or shoulder dystocia. Sometimes both mother and child are injured. In other cases, one or both can die.

Establishing Medical Negligence

Gynecological mistakes can result in serious illnesses and injuries. The result can be a destruction of sexual function, infertility, catastrophic injuries, or even death. However, not every mistake made by a gynecologist constitutes medical malpractice. To hold a gynecologist liable for medical malpractice, you'll have to show: (1) a doctor-patient relationship, (2) breach of the professional duty of care, (3) actual and proximate causation, and (4) actual damages. You will need to retain a board-certified gynecologist to provide an expert opinion about what the professional standard of care was under the circumstances, considering your age, symptoms, and other factors. The expert will also need to be able to say that there was a breach of the professional duty of care, and that it caused you harm. A knowledgeable malpractice lawyer can determine whether you may be able to meet these elements.


Often there are tremendous financial burdens imposed by injury and illness arising out of malpractice. If you can establish liability, you may be entitled to recover compensatory damages for such items of loss as medical bills, rehabilitation, lost income, replacement services, and pain and suffering. Usually juries consider how severe an injury is and the duration of the pain, as well as if pain will continue permanently when making an award for pain and suffering. Where a loved one has passed away as a result of gynecologic medical malpractice, you may be able to recover wrongful death damages. Where a gynecologist's actions or omissions are especially egregious, it may be possible to request and receive punitive damages, which are damages awarded to punish a defendant and deter future similar misconduct.

Consult an Experienced Medical Malpractice Attorney in Syracuse

If you were harmed by gynecologic medical malpractice, you may be able to recover damages. The lawyers at DeFrancisco & Falgiatano represent injured patients in communities including Syracuse, Rochester, Elmira, Auburn, Ithaca, Cooperstown, Binghamton, Oswego, Herkimer, Norwich, Delhi, Cortland, Oneida, Lowville, Watertown, Oswego, Utica, Wampsville, Canandaigua, Cooperstown, and Lyons. Call us at 833-200-2000 or contact us via our online form to discuss your case.

Client Reviews
"We were very impressed with how Jeff DeFrancisco represented us at trial and we were extremely happy when the jury found in our favor." D.M., Auburn, NY
"I suffered a serious injury as a result of medical malpractice. My husband and I retained Jeff DeFrancisco to assist us in this case. We were extremely happy with his representation and highly recommend him." Kelley R., Syracuse, NY
Since the insurance company was unwilling to settle the matter my case ultimately went to trial. At trial Jeff DeFrancisco did an absolutely amazing job by obtaining a very favorable result for me." T.H., Oneida, NY
"I highly recommend DeFrancisco & Falgiatano - Charlie represented me for a medical malpractice case. He is the best of the best. He is friendly and I am very happy with the representation he provided." Roger N., Oneida, NY