Jacob D. Fuchsberg Law FirmMedical Malpractice

Gynecological Malpractice Lawyer in New York

When doctors miss gynecological cancers or ignore warning signs, women pay the price with their health and their lives. Unnecessary hysterectomies. Terminal diagnoses that could have been prevented. Advanced cancer that should have been caught early. If medical negligence changed your life or took someone you love, we're here to fight for you. At Jacob D. Fuchsberg Law Firm, we fight back and hold doctors and hospitals accountable when they fail to provide the care women need and deserve.

The Jacob D. Fuchsberg Law Firm team
The Jacob D. Fuchsberg Law Firm team
The Jacob D. Fuchsberg Law Firm team
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Our Notable Malpractice Verdicts & Settlements

Cancer Misdiagnosis

$975,000 Ovarian Cancer Misdiagnosis Settlement

A 55-year-old woman's ovarian cyst was dismissed as "too small" despite its irregular appearance on scans. By the time doctors acted, the cyst had ruptured and spread rare cancer cells throughout her body.

Cancer Misdiagnosis

$2 Million Gynecologic Cancer Misdiagnosis

A young woman in her thirties died from stage IV choriocarcinoma after doctors ignored elevated blood markers and suspicious CT findings. An 11-month delay in diagnosis turned a treatable condition into a fatal one.

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Understanding Gynecological Conditions and Risk Factors

Gynecological conditions can range from cancers and infections to surgical and diagnostic errors that impact fertility, reproductive health, and overall well-being. Whether involving cervical, uterine, ovarian, vulvar, or vaginal issues, early detection and proper care are critical to preventing long-term harm.

Key Risk Factors That Require Vigilant Monitoring

  • BRCA gene mutations: Greatly increase ovarian and breast cancer risk, requiring enhanced screening and genetic counseling.
  • Abnormal bleeding: Between periods, after intercourse, or post-menopause — always warrants immediate evaluation.
  • Persistent abdominal or pelvic symptoms: Bloating, pain, or urinary urgency may signal underlying gynecologic disease.
  • Family history: A strong family history of reproductive or hormonal cancers calls for early and regular monitoring.
  • Abnormal imaging or lab results: Suspicious ultrasound, CT, MRI, or blood findings must be followed up promptly.
  • Post-surgical or postpartum changes: Ongoing pain, fever, or infection after surgery or childbirth may indicate medical negligence.

Devastating Impact of Gynecological Malpractice

When medical providers miss symptoms, delay diagnosis, or make surgical errors, women may suffer:

  • Unnecessary hysterectomies or loss of fertility
  • Advanced disease requiring aggressive treatment
  • Chronic pain, infections, or organ damage
  • Shortened life expectancy due to preventable errors

At Jacob D. Fuchsberg Law Firm, we help patients whose doctors failed to act on warning signs or provide appropriate care. If you believe medical negligence harmed your health, our attorneys will fight to hold those responsible accountable.

#cta_start

Your Health Deserved Better Care. We'll Fight to Prove It.

If medical negligence led to your advanced diagnosis, unnecessary surgery, or terminal prognosis, our attorneys will pursue the compensation you need for treatment, care, and your family's future.

Schedule a Free Consultation

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Common Types of Gynecological Malpractice We Handle

Gynecological malpractice takes many forms — from missed diagnoses and surgical errors to improper pregnancy management or postoperative neglect. Below are the most common ways doctors and hospitals fail their female patients.

Pregnancy-Related OB/GYN Negligence

Some gynecological malpractice cases arise during pregnancy when doctors fail to monitor or respond to serious maternal conditions. Prompt diagnosis and intervention can mean the difference between recovery and tragedy. Negligence may include:

  • Failing to diagnose or properly manage preeclampsia, gestational diabetes, or placenta previa.
  • Ignoring signs of ectopic pregnancy or delaying emergency care.
  • Delaying a medically necessary C-section or failing to act on fetal distress.
  • Improper management of postpartum hemorrhage or infection after delivery.
Pregnancy-Related OB/GYN Negligence

Birth Control and Sterilization Errors

Improperly performed birth control or sterilization procedures can have devastating physical and emotional consequences. Gynecological malpractice in this area may involve:

  • Botched tubal ligation leading to unintended pregnancy.
  • Improper IUD insertion or failure to detect migration or perforation.
  • Failure to obtain informed consent regarding the risks of sterilization or hormonal birth control.
  • Ignoring complications such as pain, infection, or abnormal bleeding after the procedure.

Surgical Errors in Gynecological Procedures

Surgical errors often occur when providers fail to follow proper surgical protocols, use poor technique, or overlook postoperative complications.

Common examples include:

  • Laparoscopy: Accidental organ perforation, internal bleeding, or infection caused by improper technique or inadequate visualization.
  • Dilation and curettage (D&C): Uterine perforation, excessive bleeding, or injury to the cervix or surrounding tissue.
  • Myomectomy: Incomplete fibroid removal, uterine injury, or adhesions leading to infertility and chronic pelvic pain.
  • Hysteroscopy: Uterine wall perforation, fluid overload, or failure to recognize and treat abnormalities during the procedure.
Surgical Errors in Gynecological Procedures

Infection and Postoperative Complications

Gynecological procedures carry a risk of infection that must be carefully monitored. Common errors include:

  • Failing to diagnose or treat post-surgical infections or abscesses.
  • Ignoring symptoms of Pelvic Inflammatory Disease (PID) or sepsis.
  • Not prescribing proper antibiotics or follow-up testing after invasive procedures.
  • Discharging patients prematurely without infection monitoring.

Cancer Misdiagnosis and Delayed Diagnosis

Timely cancer detection saves lives, yet many women face advanced disease due to missed screenings or ignored warning signs. Gynecological malpractice often involves:

  • Cervical cancer: Failing to perform or follow up on abnormal Pap smear or HPV results.
  • Ovarian cancer: Ignoring persistent bloating, pelvic pain, or abnormal imaging; not referring BRCA-positive patients for genetic counseling.
  • Uterine/endometrial cancer: Dismissing abnormal or postmenopausal bleeding without biopsy or timely referral to a gynecologic oncologist.
  • Vulvar and vaginal cancer: Overlooking visible lesions, itching, or pain instead of performing a biopsy.

When these warning signs are missed, patients may face unnecessary hysterectomies, loss of fertility, or terminal diagnoses that could have been prevented with proper care.

#cta_start

Every Woman Deserves Safe, Competent, and Timely Gynecological Care.

Even minor medical delays or errors can lead to lifelong consequences — from infertility to advanced illness. If negligence changed your health or your future, our NYC medical malpractice attorneys will investigate every aspect of your care to build the strongest possible case for compensation.

Schedule a Free Consultation

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What Compensation Can You Recover After OB/Gyn Malpractice?

Gynecological malpractice cases often involve substantial damages due to the life-altering nature of these cancers. In New York, you may be entitled to compensation for:

  • Medical expenses: Past and future medical costs, including surgery, chemotherapy, radiation, medications, and ongoing oncology care.
  • Lost income and earning capacity: Wages lost during treatment and reduced ability to work due to ongoing health issues.
  • Pain and suffering: Compensation for physical pain, emotional distress, and the mental anguish of facing a potentially terminal diagnosis.
  • Loss of enjoyment of life: Damages for your inability to participate in activities and experiences you once enjoyed.
  • Future care needs: Costs for continued medical monitoring, potential recurrence treatment, and end-of-life care if applicable.
  • Loss of consortium: Compensation for the impact on relationships and intimacy affected by treatment and prognosis.

At Jacob D. Fuchsberg Law Firm, we fight to secure maximum compensation for every aspect of how medical negligence has affected your life. No settlement offer should shortchange your future. We'll fight for every dollar you deserve.

New York Gynecological Malpractice Deadlines

New York's medical malpractice statute of limitations is complex, particularly for cancer cases:

  • General rule: 2 years and 6 months from the date of malpractice or the end of continuous treatment.
  • Cancer discovery rule: Under Lavern's Law, you may have up to 2 years and 6 months from when you discover the malpractice, but no more than 7 years from the original negligent act.
  • Exceptions apply: Certain circumstances can extend or toll these deadlines.

Don't let time run out on your right to pursue justice. Contact our ob/gyn medical malpractice attorneys immediately to protect your legal rights.

Jacob D. Fuchsberg Law Firm

How to Prove Gynecological Malpractice in New York

Successful gynecological malpractice cases require demonstrating that your healthcare provider failed to meet the accepted standard of care. Our experienced attorneys work with gynecologic oncologists and pathologists to establish:

  • Standard of care: What a competent gynecologist should have done given your symptoms, risk factors, and presentation.
  • Breach of standard: How your provider's actions (or inactions) fell below acceptable medical practice.
  • Causation: That the negligent care directly resulted in delayed diagnosis, progression of disease, or worsened prognosis.
  • Damages: The full extent of harm you've suffered physically, emotionally, and financially.

Essential Steps to Take If You Suspect Gynecological Malpractice

Discovering that medical negligence may have harmed your reproductive health or delayed your treatment is overwhelming. While your recovery comes first, early action can protect your rights and strengthen your case.

  • Seek immediate medical care: Get prompt evaluation or treatment from an experienced specialist to prevent further harm.
  • Obtain a second opinion: An independent review can confirm whether earlier or different care could have changed your outcome.
  • Secure all medical records: Request complete files, imaging studies, test results, and operative reports — even from multiple providers.
  • Document your experience: Keep notes about symptoms, treatments, and communications with medical staff.
  • Preserve all evidence: Save appointment cards, correspondence, and bills because small details often prove crucial.
  • Avoid signing insurance documents: Don’t sign releases or settlement offers without attorney review.
  • Contact our attorneys early: Legal guidance ensures evidence is preserved and filing deadlines are met. In New York, you may have as little as two and a half years (30 months) to bring your case.

Time is critical — both for your medical recovery and for protecting your legal rights. The sooner we begin investigating, the stronger your case becomes.

Why Choose Jacob D. Fuchsberg Law Firm?

  • Four decades of medical malpractice excellence: Since our founding, we've concentrated on complex medical negligence cases, developing unmatched experience and skill in proving healthcare liability and securing maximum compensation.
  • Proven results in gynecological cases: Our track record includes significant victories in cervical, ovarian, and uterine cancer misdiagnosis cases, with settlements and verdicts that reflect the true cost of these devastating errors.
  • Collaborative medical professionals network: We work closely with board-certified gynecologic oncologists, pathologists, and genetic counselors who can identify where your care fell short and explain the impact to juries.
  • No fee unless we win: You pay no attorney fees unless we secure compensation for your gynecological malpractice case, allowing you to pursue justice without financial risk.
  • Compassionate, responsive service: We understand the emotional toll of facing cancer while pursuing legal action. Our team provides caring support throughout the process.
  • Multilingual representation: Our Spanish-speaking attorneys ensure clear communication and serve New York's diverse communities with cultural sensitivity.

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Our Clients’ Reviews

Our Clients’ Reviews

Stars

I cannot rate the firm any higher! we are extremely happy with the service we received from Brad, Chris and the team. We are northern Irish citizens and as such had no experience of the US justice system, Chris and Brad helped us navigate this and made sure we understood every step of the process and we were kept informed of what would happen with the case.

We also felt that Brad and Chris had a genuine interest in our story, what the implications for us as a family were and they were genuinely invested in how they could help our situation.

We were reassured by the manor in which Chris and Brad dealt with us and trusted that the advice we were given was always well balanced and in our best interests. We were extremely happy with the outcome the firm achieved for us and feel that we only got this outcome due to the hard work of Chris and Brad. I would not hesitate to recommend the firm to anyone who is considering a case and wants to feel as though they are really valued as a client.

Many thanks to the firm for all of their hard work on our behalf it truly is appreciated.

Leanne Montgomery

Citizen

5

Stars

Let’s go to the beginning when I realize that I was going to need legal assistance because I was shocked that I was actually injured I called my fiancé and told her that I was going to need a lawyer, so she googled the top 5  personal injury law firms in NY and The Jacob Fuchsberg Law Firm came up. One of the representatives from the firm took the time to come personally to my home to see me, that immediately showed me that I was going to be able to make it through my pain and suffering they understood what I was going through and with patience, persistence, and diligence they were able to get the best results possible in settling my case. I highly recommend the Jacob Fuchsberg Law firm when the unexpected happens you will not be dissatisfied with the kind, courteous and professionalism that you would expect from a law firm.

Keith Middleton

Citizen

5

Stars

Very satisfied with the representation I was given from this law firm.  I would recommend Fuchsberg to anyone with a unique situation such as mine. My attorney went above and beyond to ensure everything was done thoroughly and in a timely manner! Everything about this firm exceeded my expectations! Very special thank you to Chris,  Allison, and Brad!

Marie Price

Citizen

5

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Take Action Now — Contact Our Gynecological Malpractice Lawyers

If you or a loved one suffered harm due to gynecological negligence — whether from delayed diagnosis, surgical error, pregnancy complications, or unmanaged genetic risks — the experienced attorneys at Jacob D. Fuchsberg Law Firm are ready to fight for justice and compensation.

Call (212) 869-3500 or complete our secure online form for your free, confidential consultation.

  • We are available to you 24/7

  • Compassionate in our approach

  • Don’t pay unless we win

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Frequently Asked Questions

FAQs About Gynecological Malpractice

How do I know if my gynecological cancer was misdiagnosed?

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Consider potential malpractice if you experienced persistent symptoms that were dismissed, if recommended screening tests were skipped, or if you have high-risk factors (like BRCA mutations) that weren't properly managed. A second medical opinion can help determine if an earlier diagnosis was possible.

What if my doctor won't release my medical records?

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You have a legal right to your complete medical records. If providers refuse or claim records are "lost", we can obtain them through legal channels and investigate why they're being withheld.

What if my symptoms were attributed to "normal aging" or menopause?

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While some symptoms may be related to hormonal changes, persistent or worsening symptoms, especially abnormal bleeding, pelvic pain, or abdominal bloating, should prompt thorough evaluation, not dismissal.

How long do gynecological malpractice cases take?

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Cases vary in complexity, but most medical malpractice lawsuits take 1-3 years to resolve. We work efficiently while ensuring thorough preparation for the best possible outcome.

Will my doctor know if I file a claim?

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In most cases, yes. However, your privacy is protected throughout the process. All communications are handled through attorneys and insurers, not directly with your doctor. You are under no obligation to speak with them once a claim is filed.

Can I sue my hospital instead of the doctor?

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Yes. In many malpractice cases, both the hospital and individual providers can be held accountable. Hospitals are legally responsible for the actions of their employees, including nurses, technicians, and staff physicians. If systemic failures contributed to your harm, the hospital itself may be liable.

How should I deal with insurance companies after a malpractice diagnosis?

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Insurance companies’ goal is to limit payouts, not protect you. Don’t give statements or sign papers without speaking to an attorney. Keep written records of all insurer communication. Let your lawyer handle communication to avoid pressure or low settlement offers.

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