Skip to main content

Can i sue kaiser for not diagnosing me with an infection after a c section?

Daly City, CA |

Had a section on 9 / 30 / 12 . Went to the drs 10 / 05 / 12 complaining of a lump ( size of kiwi ) above my incision and increased pain around incision cite . also had VERY bad swelling in abdomen , feet and legs . Dr told me it was nothing and the swelling in my abdomen was baby weight ( which it wasn't ) . Starting having fevers on 10 / 9 , 10 / 10 . Saw another dr 10 / 11 . increased pain , redness , incision cite hot and more swollen and beginning to look bruised . sent home with antibiotics . 10 / 13 rushed to emergency . my wound opened at home and drained over a GL of pus and blood clots . had emergency surgery to drain and reconstruct fascia . drs said i was hours away from being septic . and was in ICU . hospitalized for 9 days . left with open wound and had a large section of tissue cut off due to necrosis .

the lump that was the size of a kiwi had grown to a tennis ball by second drs appt. it ended up being an abcess.

Attorney Answers 4

Posted

You need to have all your medical records reviewed by a medical malpractice attorney to see if your doctors did in fact breach the standard of care.

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

Mark as helpful

6 lawyers agree

1 comment

Asker

Posted

how would my medical records show this? i have signed statement letter from the drs i had seen... and they are not telling the truth of what was really said and seen and what happened during the appointments.

Posted

All potential medical malpractice claims are complicated. You need to find an attorney who specializes in malpractice. This attorney will obtain your medical records and also have them reviewed by a doctor who is a specialist in this area to obtain an opinion if your doctor did not live up to the standards of practice

Mark as helpful

6 lawyers agree

Posted

Check your policy. With this provider, I think you have agreed to arbitration.

My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.

Mark as helpful

5 lawyers agree

2 comments

Asker

Posted

Yes i understand i agreed to arbitration. I can still bring a lawsuit in front of arbitration correct? I just want a professional opinion if you think i have a case or not.......

Christine C McCall

Christine C McCall

Posted

No one can interpret your contract without reading it. But, in most cases of health care providers, agreements to arbitrate provide for binding arbitration. If that is what is provided by your agreement, that most likely means you cannot bring a legal action -- first (before arbitration) or at all. Your remedy is arbitration. Check your contract to be sure you comply with the specified time limits. Arbitration time frames can be short. You may want to reach out to attorneys who have specific experience in claims against your treatment provider. You can use Google to identify some of these attorneys and Avvo profiles to find contact information for them.

Posted

Part of the Kaiser Health Plan contract for insurance, all Kaiser members agree to waive their right to sue Kaiser in court before a judge and jury, and instead they agree, in advance, to submit all disputes over medical care to an arbitration system.

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

Mark as helpful

5 lawyers agree

Lawsuits and disputes topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics