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Laraine Kelley

Laraine Kelley’s Answers

2 total

  • Can this be a malpractice case?

    I had a d and e done last Friday following a miscarriage. I went home and Sunday I started feeling achy and couldn't stop shaking. So I took my temp and it was the 100.4 that the paper says go to the er. I called the dr that had done the procedure...

    Laraine’s Answer

    If you felt okay after the procedure and then began to feel distinctly unwell, as you describe, the doctor had an obligation to see you or depending on the day/time direct you to the ER so someone else could see and examine you.
    Whether or not the procedure was properly performed requires a review of the records and more in-depth knowledge of your prior history. Presuming that your uterus was previously healthy, uterine rupture is not a common problem after a properly performed d and e. Retained products of conception can occur without negligence. However, if you continued to bleed heavily after the procedure the doctor could have performed an ultrasound to determine if he had completely evacuated your uterus. Even if the doctor had discovered the problem earlier, he may well have needed to do a second procedure in any event.

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  • Wife had D&C procedure which resulted in scar tissue forming in her uterus, to tune of 10,000.00. Can we sue? How do we proceed?

    We paid doctors out of pocket for procedure and now have to pay again out of pocket for repair. We have damages of 10,000.00. We need to get the money to repair damage done by doctors when D&C performed. Please advise.

    Laraine’s Answer

    Scar tissue formation is an "accepted risk" of a D&C. This means that if the procedure was indicated, i.e., medically appropriate, and was properly performed, i.e., performed by someone with appropriate training, utilizing the appropriate tools, e.g., suction vs. sharp curette, then you probably do not have the basis for a claim.
    Of equal importance, medical malpractice cases make no sense unless the damages are very substantial. The cost of experts runs into tens of thousands of dollars. This usually means that only cases that involve permanent disability can be effectively pursued.

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