QUESTION
do i have a legitimate case for being disfigured and disabled that requires at least 2 surgeries to correct after giving birth?
Asked on Nov 14th, 2014 on Medical Malpractice - Arizona
More details to this question:
On 4/22/12 i naturally delivered my son and suffered 4th degree tearing of the perineum. about 4 days later i experience what i had suspected was a torn stitch or 2. i called my OB and her asst. told me to go to the E.R. and get checked out, as her office is much further. At the E.R. i was examined and told "everything looks okay." and sent me home. At my 6 week postpartum appointment the OB then informed me that i did tear and lose some of the stitching but it would heal, with extra time. Upon receiving my next annual pap i learned that i did not heal and now require surgery for repair.
1 ANSWER
Catastrophic Injury Attorney serving Roseland, NJ
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John J. Ratkowitz
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With a four degree tear, the question is whether accepted standards of care required the OBGYN to perform an episiotomy. Click here for an article discussing this issue. The additional delay in surgically repairing the damage might also be the basis of a claim, but the question is what additional harm was caused by the delay? If the tear should have been surgically repaired from the get-go, then arguably the additional delay did not materially impact the outcome.
If you want to investigate a 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.
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. This discusses the issue of financial viability.
Click here for an article that explains what you can and should expect when pursuing a medical malpractice case.
Click here, here and here for more information about me. Click here for summaries of some of the cases that I have litigated. Click here to review articles that I have published.
Since I am a lawyer, I need to advise you of the following when I communicate with you: 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 Click here for my website.
Answered on Nov 15th, 2014 at 7:39 AM