QUESTION
Is this a medical malpractice case?
Asked on Jan 07th, 2013 on Medical Malpractice - California
More details to this question:
I delivered my daughter in 2009, she was my third child. she came 6 weeks early, the doctor who attending was not my doctor, but, was the physician on that night. With my two prior deliveries I had an epstomy and after I recovered well. For my last delivery I specifically asked the doctor if he was going to give me an espistomy and he advised no, he did not think I needed one. As a result I ripped badly and I did not recover well from the delivery and I am not sure if its related but I have bladder problems, which did not happen prior. I lose bladder control if I have to sneeze, cough or when exercising. I was very surprised about the espisotomy and I feel that if I had one, I would not have vaginal damage and perhaps would not have bladder problems.
1 ANSWER
Catastrophic Injury Attorney serving Roseland, NJ
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John J. Ratkowitz
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I think you will have a hard time proving a case against the OBGYN because tears can happen in the absence of negligence. With two prior epsiotomies, you were more apt to tear, but with a six week early delivery the doctor probably assumed the baby would be small enough to avoid the epsiotomy.
If you have a case, it is for the failure to timely and appropriately treat the tear. It is impossible to know whether that case is viable without looking at the records.
If you want to investigate a 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, ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.
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 and here for more information about me.
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 Jan 08th, 2013 at 9:46 AM