QUESTION
Can I sue hospital if baby head was cut at vaginal birth?
Asked on Mar 24th, 2014 on Personal Injury - New York
More details to this question:
Nine month head was cut by tube to monitor oxygen while in womb. Doctor/nurse didn't check to see how far baby head was down first. She told us that the tube wouldn't touch the baby's head. Child was born blue black because I wasn't being monitored properly. Legs and arms are still trying to get color. The baby stopped breathing when they took us to our room. And now at nine months, she's developmentally delayed and has seizures.
11 ANSWERS
Ronald A. Steinberg
If a doctor will testify for you.
Answered on Mar 26th, 2014 at 5:41 AM
Edwin K. Niles
Medical and dental malpractice claims are, by their nature, very difficult. Under California law, it is necessary, before filing suit, to obtain an affidavit from another professional, verifying that he has reviewed the medical charts and has found that there was negligence. This can cost several thousand dollars, and most attorneys expect that the client will cover this cost. Negligence could be defined as the failure to use REASONABLE care; not all bad outcomes are the result of negligence. You should also be aware that there is a cap on the amount of recovery for ?pain and suffering?, thanks to the doctor lobby. Sometimes one has a good case theoretically, but the damages are too small to warrant a suit. For these reasons, not many lawyers handle malpractice cases. You should seek a specialist. You can contact your LOCAL bar association for a referral.
Answered on Mar 26th, 2014 at 5:41 AM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
But was it because of the monitoring equipment or did she have problems. Regardless, you need to talk with a local malpractice attorney. This is a very complicated case and the local attorney will have a better idea of how strong your case is. I am sorry for the pain you are going through.
Answered on Mar 25th, 2014 at 2:38 PM
Personal Injury Attorney serving Kent, WA
at
Law Offices of Wayne J. Wimer, Inc. P.S.
Update Your Profile
You can file a suit if there was a clear cut breach of the standard of care and if that breach caused the problems the infant is suffering from now. It will depend upon what the medical records disclose, and what a medical expert witness will conclude therefrom.
Answered on Mar 25th, 2014 at 2:20 PM
Creditor's Rights Attorney serving Clayton, MO
at
Fluhr & Moore, LLC
Update Your Profile
You should get to a lawyer immediately to review your case. You may have a substantial lawsuit against nurse, doctor and hospital. You will need the money to help your child.
Answered on Mar 25th, 2014 at 10:39 AM
Personal Injury Attorney serving Charlotte, NC
at
Paul Whitfield and Associates P.A.
Update Your Profile
You must get the entire chart and have it reviewed by an Ob-gyne and ask him the question whether malpractice is involved. Not a legal question at this point. sounds like you may have a case but the other side has a position also.
Answered on Mar 25th, 2014 at 10:39 AM
James Eugene Hasser
It takes a medical expert to answer your question. Medical malpractice lawyers typically have such experts available. Consider consulting one.
Answered on Mar 25th, 2014 at 10:39 AM
1 Award
You should talk with a lawyer who represents brain-injured babies in medical malpractice cases. The cases are generally difficult to win, but you should at least check it out. The statute of limitations, if this happened in Wisconsin, will expire on your baby's tenth birthday.
Answered on Mar 25th, 2014 at 10:38 AM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
See an attorney with the medical records now.
Answered on Mar 25th, 2014 at 7:50 AM
Personal Injury Law Attorney serving Naperville, IL
at
Law Office of Barry R. Rabovsky
Update Your Profile
Have you obtained a second medical opinion concerning whether your baby's current problems relate to possible errors during delivery?
Answered on Mar 25th, 2014 at 7:49 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
at
Andrew T. Velonis, P.C.
Update Your Profile
In order to prove a medical malpractice case, a claimant must prove a failure to conform to accepted practice, resulting in an injury. A bad result is not enough, and if it is a "judgment call" by the doctor, there is no malpractice, even if the doctor made the wrong call. You will need to get copies of ALL of your medical records and have an OB/GYN review them; if he/she is willing to testify that the treating physician(s) failed to conform to accepted practice, then you have a case.
Answered on Mar 25th, 2014 at 7:22 AM