QUESTION
could more have been done and do i have a case
Asked on Aug 10th, 2012 on Medical Malpractice - Georgia
More details to this question:
i went to the ER on May 19-2012, 7 months pregnant, with pains in my abdomine and had difficulty walking. At the ER I was seen by an RN in Labor and Delievery. She told me I was having contractions but was not dialating so labor was not starting, she also monitored my sons heartbeat and said it kept dropping and at times she couldn''t find it. After being there for 3 hours she released me from the hospital. The Dr. on call said there was no reason to keep me and that the baby and I were fine, I would just need to see my OBGYN in a week for a follow up. I couldn''t get an appointment with my Dr. til 2 weeks later on June 1st, he told me the baby''s heartbeat was too slow and sent me for an ultrasound later that day. The ultrasound showed the baby had passed. He was stillborn on June 4th 2012, the Dr. said he had been gone for 2 weeks. I had lost him the weekend I went to the ER.
1 ANSWER
Catastrophic Injury Attorney serving Roseland, NJ
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John J. Ratkowitz
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Clearly you have reason to suspect that you received inadequate care, but to determine whether you have a viable malpractice case, you should contact a local medical malpractice attorney (one in your state). They take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys. Then, visit each attorney's website and look for a firm that has a record of successful verdicts.
In general, the decision about whether to take on a case involving the loss of a fetus is a difficult one for a medical malpractice attorney. It depends on the emotional impact that this had on the mother, the chances of the parents conceiving again, and other factors. Also, damages in these cases are governed by state law, and that varies from jurisdiction to jurisdiction.
Whether you pursue a case or not, you should consider grief counseling. Some clients in similar circumstances report that this helps them.
Below are some articles you may find helpful. They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.
Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case.
Click here for an article that explains what you can expect when filing a medical malpractice case.
Click here for more information about me. Click here for more information about my firm.
Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com Skype: john_ratkowitz Web: www.starrgern.com.
Answered on Aug 13th, 2012 at 1:44 PM