Can I sue for a retained placenta for three weeks that led to infertility

Asked almost 4 years ago - Centerville, MA

3 weeks after a vaginal delivery I hemmoraged. I had an emergency d&c which almost led to a hysterectomy to stop the bleeding. I was in the hospital for three days. I have now been diagnosed with Ashermans Syndrome and will need more surgies and my be not be able to carry another child.

Attorney answers (3)

  1. Andrew Daniel Myers

    Contributor Level 20

    Answered . Priority one is to see to make sure you have the right medical care now, going forward. Once that takes place, then there may be some liability where the medical care fell below the average standard of care and caused harm. Find an experienced medical malpractice attorney in your area either through the AVVO search or through the American Association for Justice.

    This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.

  2. Todd Nathan Hendrickson

    Pro

    Contributor Level 14

    Answered . First, make sure your medical condition is stable and being treated. That is your number one concern. Second, once your medical condition is stabilized you will begin to learn the extent of your injuries. If you are now infertile, I would definitely consult an experienced local medical malpractice attorney. He or she will be able to investigate your case fully and let you know whether the doctor or hospital is liable. It is unlikely that anyone will be able to tell you that without a full review of your complete medical records from your labor and delivery and subsequent treatment.

  3. John Scott Wallach

    Contributor Level 8

    Answered . You should consult an experienced medical malpractice attorney in your area as soon as possible. The attorney will be able to obtain your medical records and have them reviewed by an expert physician to determine if negligence was committed; and if the negligence caused your injuries. Obviously, this is a serious matter if the Asherman's Syndrome was in fact caused by the doctor's negligence, and you are now unable to carry children and need ongoing surgeries.

    You did not mention the time frame, which is crucial as every state has a different Statute of Limitations. This is the time the law allows you to file suit. If a case is not filed in Court before the expiration of the Statute of Limitations, it will be forever barred as a matter of law. It is extremely important that you consult with an attorney who can advise you about the Statute of Limitations applicable to your case, and properly investigate your case and protect your legal interests.

    Good luck, and I hope you are able to find help through the legal system. If you are unable to locate an attorney on your own, feel free to call and I can assist you in finding one.

    John Wallach
    St. Louis, MO
    877-241-1020

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