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

Asked over 1 year ago - 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

Attorney answers (4)

  1. Marc Edward Stewart

    Contributor Level 16

    4

    Lawyers agree

    Answered . 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.

  2. George Costas Andriotis

    Contributor Level 20

    4

    Lawyers agree

    Answered . 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.

    Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.
  3. Sean Michael Patrick

    Contributor Level 16

    3

    Lawyers agree

    Answered . 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... more
  4. Christian K. Lassen II

    Pro

    Contributor Level 20

    3

    Lawyers agree

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

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com

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