Do I have a case? And if so what kind of lawyer should I look for?

Asked about 5 years ago - Dover, FL

I lost a baby in 2007. I was 5 and a half months pregnant. Went to the doctor every 2 weeks because Im diabetic . 3 weeks Prior to losing my baby I just had a sono to check on her and to find out the sex, Everything was fine. About two weeks after this I was having pain I went to hospital they checked heart beat and did a sono they said everything looked fine. A week later I woke up bleeding and went to hospital in pain. They had no wheel chairs so I had to walk to prenatal care unit ... I was in labor for three days they never monitored her untill I asked thm to which she still had a heartbeat. They said that it was a slim chance she will be born alive, but she was, and they just handed her to me and she died in my arms 41 mins later, they said there was nothing they could do.

Attorney answers (3)

  1. Lars A. Lundeen


    Contributor Level 20

    Answered . I am sorry for your loss. What you describe appears to be a possible medical malpractice issue and you should consult with a medical malpractice attorney in your area. He or she can further investigate the circumstances of this case and advise you as to whether you may have a viable claim.

  2. Dennis Michael Phillips

    Contributor Level 17

    Answered . That is terrible. You may want to contact Betsey Herd, a frequent contributor to this site. She is a hell of a lawyer; and she is not too far from you. Her firm's website is But hurry because your time is limited.

    Best of luck,
    Dennis Phillips, Esq.

  3. Elizabeth Taylor Herd


    Contributor Level 19

    Answered . I am very surprised that there was no care given when your baby was born, and I am very sorry for your loss. However, in order to bring a claim for the loss of your baby, you would need to obtain expert testimony that if the care was given your baby would, more likely than not, still be alive today. At 22 or 23 weeks the experts tell us that the survival rate is below 50% even with the best of care. The sad thing is that your baby should have had a chance regardless because there are babies that do survive. Unfortunately in the legal field we are stuck with threshold of proving that 51% chance of survival.

    God bless you.

    Betsey Herd
    Tampa, Florida

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