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Do I have a legitimate case for medical malpractice?
Los Angeles, CA
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Posted 6 months ago in Medical Malpractice
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After finding out I was 9 wks pregnant, I decided to have an abortion. I went through my insurance co to ensure a professional procedure. 4 wks later at my follow-up I find out they failed to complete the abortion and I had a 13 wk old baby still growing inside of me. They scheduled another abortion; I was not put completely asleep so I heard everything that went on and it took them 3 tries to finally get everything out. The symptoms I am experiencing during recovery are extreme compared to what the guidelines list. I feel like there's been a mistake in taking care of this issue in a responsible way. The consent forms I signed did NOT explain possibilities of failure. The doctors couldn't provide a response as to why this happened. They told me they would use this as a learning experience.
Answers (2)
Elizabeth Taylor Herd
This attorney is licensed in Florida and 1 other state.
Posted 6 months ago.
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I am not licensed in CA and can offer you only general advice. You should call a CA lawyer specializing in medical negligence claims right away.
In a medical negligence claim you, as the plaintiff, must prove that the care you received fell below the standard expected of similar physicians in similar communities (that part doesn't sound too hard in your case) and that you suffered damages as a result. Abortion as you know is a hot issue, with strong feelings on both sides of the debate. Your venue (where the negligence happened usually) will be a strong factor. A local lawyer will know from selecting juries and from the political climate how to advise you about your recoverable damages. The reason this is so sensitive is because you will likely (hopefully) fully physically recover, but your emotional damages may be another issue. However, you will have to explain to a jury and the defense how this has impacted you, while at the same time dancing around the sensitive issue that you were strong enough emotionally to reach the conclusion that you wanted to terminate your pregnancy. That may be very difficult. I do hope that you fully recover and you should contact a local lawyer for a full evaluation of your claim. Be Well. Betsey Herd Tampa, Florida 
John M. Kaman
This attorney is licensed in California.
Posted 6 months ago.
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After this nightmarish experience it would be expected to have extreme symptoms both physical and emotional. Pay attention to my colleague's answer as she is an expert in the field. As I practice in CA I'd also like to remind you that the statute of limitations must be observed and that there is a relatively low cap on med mal damages. Get started on your lawsuit immediately by choosing the right attorney.
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