QUESTION

Do I have a lawsuit if I had c-section which was not necessary and then developed adenomyosis afterwards?

Asked on Apr 01st, 2014 on Personal Injury - North Carolina
More details to this question:
I have a great pregnancy. My doctor went out of town the weekend I went into labor. The doctor on call preformed a c-section. When I returned to my doctor, I was told that a c-section was not necessary. My tubes were also not tied during the process as requested. I have now developed adenomyosis.
Report Abuse

6 ANSWERS

James Eugene Hasser
You may have a case, but I am concerned your damages may not be severe enough to warrant the cost of pursuing any such claim. It takes a medical expert to answer your question as to whether malpractice may have occurred. Medical malpractice lawyers typically have such experts available. You might want to consider consulting one.
Answered on Apr 03rd, 2014 at 6:23 PM

Report Abuse
Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
Update Your Profile
I would need all of the details. Medicine is part art and part science and such cases are difficult and expensive.
Answered on Apr 03rd, 2014 at 12:12 PM

Report Abuse
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 Apr 03rd, 2014 at 12:05 PM

Report Abuse
Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
Update Your Profile
Maybe. You need to talk with a local malpractice attorney about the situation. Malpractice is location and specialty specific. Only a local attorney can tell you if you have a case.
Answered on Apr 03rd, 2014 at 11:52 AM

Report Abuse
Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
Update Your Profile
Don't think so. The doc will cook up some reason to claim that the c-section was necessary and that had it not been done, you'd be bringing a lawsuit for not doing it. Then you would have to prove that the adenomyosis was due to the failure to perform the tubal ligation, I don't know how likely that is.
Answered on Apr 03rd, 2014 at 11:49 AM

Report Abuse
Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
Update Your Profile
Those are all medical questions and you say your doctor has already answered the question. If he will testify you have a case of some sort. What are your damages other than hurt feelings? That is in part a doctor question too. what results to you?
Answered on Apr 03rd, 2014 at 11:37 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters