QUESTION
Can I sue if my baby had bruising after delivery? How?
Asked on Apr 23rd, 2015 on Personal Injury - Massachusetts
More details to this question:
My daughter had some bruising on her head after the delivery. It lasted for a while and I was scared for a long time about any sort of lasting damage. The doctors said that it is pretty normal but I talked to a friend who said that doctors can get sued when this happens. Is that true?
14 ANSWERS
Edwin K. Niles
Of course you can sue. However (thanks to the doctor lobby) Med (and Dental) Mal cases are quite difficult. First, one must obtain a certification from an independent doctor that there was negligence. This is where the claim usually stops, as most lawyers will expect the client to cover the costs of this review/report(up to $5,000). Next, most malpractice insurance policies have a provision for approval of any settlement by the insured doctor. That doctor, human nature being what it is, will often refuse to approve any settlement, as he doesn't think he did anything wrong. Finally, there is a cap on how much can be awarded for pain and suffering, thus making these cases unattractive to lawyers. There are lawyers who specialize in Med Mal; your local bar association may be able to refer you to one.
Answered on Apr 29th, 2015 at 1:24 PM
James Eugene Hasser
It takes the opinion of a medical expert to tell you if medical malpractice occurred. However, if there was only bruising, my guess is that the cost of pursuing the claim would outweigh the potential recovery. You may want to run it by a lawyer that does medical malpractice cases, though. Good luck.
Answered on Apr 28th, 2015 at 9:50 AM
Personal Injury Law Attorney serving San Diego, CA
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Law Office of Robert Burns
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I already answered this. WHY is this here again? Your friend has an inflated ego; you need expert medical opinion to substantiate medical malpractice. How many more bruises do you expect your kid to avoid throughout childhood?!?
Answered on Apr 27th, 2015 at 7:43 AM
Thomas Edward Gates
You have no case.
Answered on Apr 27th, 2015 at 7:24 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Doctors can get sued for almost anything but quite often it is a waste of time. For a medical malpractice case, you need to show the doctor failed in his/her responsibility to use the standard of care, and that the failure to do so was direct cause of injury, and that the injury led to damages, that is, specific harms which can be measured in dollar terms. Such a case almost always needs an expert witness, which can be expensive. So, if the child did not suffer any particular injury, why bother? Good Luck.
Answered on Apr 27th, 2015 at 7:16 AM
Ronald A. Steinberg
You are certainly kidding, aren't you? If you were squeezed through the narrow birth canal on a journey that took several hours, don't you think that you'd be bruised? However, if she has any cognitive problems, then get a diagnosis as to whether they are mechanical (from malpractice during labor and delivery), or genetic. If the problems are from labor and delivery, then get a lawyer immediately.
Answered on Apr 27th, 2015 at 7:07 AM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Unlikely. Suing a doctor is very expensive and time consuming. The injury your describe is normal.
Answered on Apr 24th, 2015 at 9:24 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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No, brusing is common. It doesn't always happen but when it does, that does not necessarily mean malpractice was committed, nor does it mean that there was a serious injury (although either or both are possiblitities) But: malpractice cases are always difficult expensive and time consuming
Answered on Apr 24th, 2015 at 7:32 AM
Have you not posted this question some time ago? I remember answering it then and nothing has change to alert my answer and any others you got.
Answered on Apr 24th, 2015 at 1:49 AM
Lisa Hurtado McDonnell
Some Bruising is normal. Did you take pictures. You have the burden to show that the doctor was negligent. Was there any long term damage?
Answered on Apr 23rd, 2015 at 10:39 PM
1 Award
It is probably not worth pursuing. The doctor's insurance company will not settle with you, since that would mean the settlement would have to be reported to the National Practitioner Data Bank. If your daughter is okay, I would leave it alone.
Answered on Apr 23rd, 2015 at 10:22 PM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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Certainly doctors may be sued if they breached the standard of practice of physicians in the same circumstances, but to prove that will require expensive expert testimony and an expensive lawsuit. If the damages do not warrant the cost of a recovery, then you will have a hard time finding counsel to bring the claim. However, personal injury lawyers in Michigan give free consultations relative to possible claims and it can't hurt for you to talk to local counsel that regularly handles medical malpractice claims to discuss the matter in further detail. Be aware there are very strict notice requirements and statutes of limitations in these matters, so time is always of the essence in consulting counsel (although there are extensions of these times involving injuries to minors).
Answered on Apr 23rd, 2015 at 10:11 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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Every civil lawsuit has two components (1) liability and (2) damages. Medical malpractice cases are very difficult. You need to show that the doctor acted below the standard of care. You would need to have an expert opine that your doctor (a) caused the bruising; (b) he did so by acting below the standard of care and (c) this type of bruising is not a typical consequence of birth. More importantly, you need to have damages. No jury is going to award very much for a bruise. If your kid, God forbid, has brain damage as a result of the doctor's negligence, then by all means, get an attorney to sue. No attorney will take your case unless your child has been impaired due to the doctor's negligence.
Answered on Apr 23rd, 2015 at 10:08 PM
This sort of thing is not unusual. From your description, I don't think there is a practical claim here. Most malpractice cases are only worth pursuing with permanent severe injuries. They are extremely costly to pursue.
Answered on Apr 23rd, 2015 at 8:37 PM