QUESTION
What can we do if a high risk OB did nothing and resulted in my wife's miscarriage?
Asked on Jan 15th, 2014 on Personal Injury - New York
More details to this question:
I'm not sure if a law suit is an option but I am beyond pissed and want answers. My we wife who is 42 years old and has had two children, 10 days ago we found she is pregnant after taking a home test. We then found a high risk doctor and she went in for a blood test. Test comes back positive. First appointment was made for the 23rd. Five days ago, she started spotting. She called the doctors office explained and she was told no worries this happens. Next day (called the doc office again and told the same thing) heavier spotting with mild cramps. Then the third day she calls with only this time she has passed a couple quarter size clots. She calls the doctor's office once again and this time they tell her "you must have a bladder infection. Come in tomorrow to the lab and pee in a cup." Last night my wife has what she thinks is a miscarriage after passing something the size of a plum. This morning a ambulance takes her to the hospital and now after bleeding beyond the meaning of heavy and passing very large clots for the past 8 hours she just went in for a D and C. Most likely a blood transfusion and whatever else we need to keep her healthy. So here I sit beyond pissed, heart broken, scared for my wife and I want to know why didn't this so called high risk OB doctor take our calls more seriously and bring my wife in sooner?
5 ANSWERS
1 Award
You and your wife would only have a case if it could be proven that the doctor failed to exercise reasonable care AND that the failure to exercise reasonable care was a cause of your baby's death. Personally, I think it will probably be a tough case to win.
Answered on Jan 21st, 2014 at 6:33 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.
Answered on Jan 20th, 2014 at 3:45 PM
James Eugene Hasser
It will take a medical expert's opinion to answer your question. Medical malpractice lawyers have such experts available. Consider consulting one. Good luck.
Answered on Jan 20th, 2014 at 10:19 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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What is a high risk doctor? If what I think what was the high risk? What was the existing problem? You have a medical question And a lot of facts need to be shared. Get a copy of the entire chart and have an OBGYN review it and give you his opinion.
Answered on Jan 20th, 2014 at 10:14 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Unfortunately, there is no telling if the same might have happened even if the doctor had taken it seriously and had her come in right away. File a complaint with the state (probably the board of health). Be polite, patient and persistent. Follow up, offer assistance and ask when would be a good time to check in again for a status update. These things take time, but they do take it seriously. Most importantly, if the doctor treated your wife this way, what is he/she doing with the other patients?
Answered on Jan 20th, 2014 at 10:13 AM