Statistically, a 23 week old babu is going to have an uphill battle to survive. Although it is possible to arrest labor, an attorney would really have to have a better understanding of the facts and circumstances surrounding the delivery to know whether the physician committed malpractice. It is possible that the physician came to some conclusion that the baby had to be delivered notwithstanding the poor prognosis because its prognosis was even poorer if it was not delivered. likely would not have survived if it wasn't delivered. Also, it is possible that the baby would have put mom at risk if it stayed in. To know the answers to these questions, someone will have to look at the records.
If you want to investigate a case further, 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.
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 Oct 18th, 2012 at 2:13 PM