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Can I sue jps for negligence that caused my stillbirth death wife was prescribed a class c medication for diabetes glyburid

Arlington, TX |

We went for an appointment on Monday and she complained about her 38 weeks stillbirth movement and that we wanted to get induced or c section he refused to give it to her and asked us to go home and return on Thursday that our baby was going to be ok ..when we got back on Thursday he told us our baby was dead and asked if we wanted to go home and come back later for delivery of our dead baby my wife disappointed at what an American doctor said ..we were finally transferred to jps emergency center for delivery..I told the doctor to do a c section maybe we could still save our baby .he said they had to try virginal delivery first it took 2 days till they finally did a c section and brought out my baby that had jus few amount of skin on her body ..I and my wife felt robbed because we African

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Attorney answers 4


You can have an attorney view the records though I don't see where the negligence could be based on your facts and many of the facts are completely unrelated.

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One fact is the bad drugs ..and the fact that we wanted to gr the baby out earlier on monday...but they refused



The fact that they new my baby was dead and still ask us to go home and come later to remove a dead baby .I thought that was an emergency ..the fact that they refuse remove the baby not till after 48 hours ..



A whole lot of negligence but better explaining over the phone


The jurisdiction for your case would be Texas. The lawmakers in Austin passed a great deal of anti-patient tort reform in 2003. Some of these "reforms" were actually approved in a vote by the voters. One little provisional of the tort reform says that it cannot be a wrongful death case if a delivery is mishandled and the baby is not born alive. In other words, an OB-Gyn can't have a wrongful death case filed against them if the baby is born dead. It is a hypocritical law because Texas recognizes a baby is a "person" following conception in capital murder cases.

Patients have very few rights in Texas these days.


Did JPS prescribe the medication to your wife? It sounds as thought there may be a claim -- although a difficult one-- but I'm not sure that JPS is the appropriate defendant. You should gather togeter your wife's medical records and take them to a medical malpractice attorney for a review of your case.

I am licensed in California, therefore, my answers are based on general prinicpals of law or California law, which may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.


State laws vary, but Mr. Stewert has told you the law in your state.

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