QUESTION

how does one go about suing a midwife for malpractice?

Asked on Jan 16th, 2014 on Medical Malpractice - California
More details to this question:
My sister had retained placenta and her midwife did not catch it. It wasn't until my sister was sent to the recovery unit that it was noted (almost 3 hours after delivery). In addition, she was also cut during her delivery, I believe that it was a main artery, and the midwife did not make note of it in my sister's chart. It was not until she was taken to the OR for her retained placenta that it was caught by the nurse who helped the Midwife sew up my sister that it was omitted in my sisters chart. What are some options that my sister has to go about handling her situation and who do you recommend could help her legally?
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1 ANSWER

Catastrophic Injury Attorney serving Roseland, NJ at John J. Ratkowitz
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Retained placenta can be the basis of a medical malpractice case, but if they caught it soon after the delivery and your sister suffered no permanent harm, there will be a question about whether the case is financially viable. The articles below explain that in more detail.  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 Jan 17th, 2014 at 5:45 PM

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