QUESTION

Can I sue if my baby had bruising after the delivery?

Asked on Apr 13th, 2015 on Personal Injury - California
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?
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4 ANSWERS

Personal Injury Law Attorney serving San Diego, CA at Law Office of Robert Burns
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If you are interested in any reasonable chance of having an attorney pursue a claim for damages for you then you'd better get and honor an opinion by another delivery surgeon.
Answered on Apr 20th, 2015 at 2:35 PM

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Personal Injury Attorney serving Pasadena, CA at Law Offices of Pius Joseph
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It does not appear that you have a case in this instance. Even assuming you have a case, it is not worth the value given the cost of prosecuting case against a medical doctor.
Answered on Apr 14th, 2015 at 6:58 PM

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Even if that was below the standard of care in the community, the money damages are so small that it clearly is not worth while to sue [medical malpractice suits easily can cost more than $50,000 to pursue and Dr.s will not authorize their insurance carrier to settle unless liability is clear and the damages significant.
Answered on Apr 14th, 2015 at 1:07 AM

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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 13th, 2015 at 6:30 PM

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