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Do I have a personal injury or malpractice case?

Union City, CA |

Had avascular necrosis of my hips while pregnant. Pain in my left hip affected my walking. MRI done showed the necrosis but no actual damage to the hip bone. No treatment was suggested because of my pregnancy. During birth, first nurse stated they had to be careful of my leg so as not to cause trauma to my hip. They would not let my partner hold my leg because of my hip. They changed nurses. When I was given my epidural, they failed to check my cervix. I was 9cm when they gave me the epidural so it did not work correctly. I could not control my legs well, but could still move them. My hip was damaged during birth. The nurses held my legs really far up high. Immediately following birth, my hip really hurt and I could not put any weight on it. X-ray a few days later showed collapse of bone.

Now I need a hip replacement as a result.

Attorney Answers 7


  1. I agree, it would be a medical malpractice attorney you need to consult. It's possible you have a case but another doctor would have to review the records to determine if there was negligence. Good luck.

    I am licensed in California only and my answers on Avvo assume California law. The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case. 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.


  2. I agree that your potential claim would fall under medical negligence law in CA. One of the things you would have to prove is that the acts of the nurses fell below the standard of care and that caused additional damages to your hips not related to the pregnancy itself. I do think that there will be difficulties in finding experts to support the causaton aspect of your case. One of the questions that you might ask during the evaluation of your claim is whether the standard of care required a C-section to protect your hips.


  3. A medical malpractice lawyer would need to order your records to review.


  4. You have been given good advice. I am curious whether you were on any medications before or during pregnancy. Corticosteroids ( like prednisone ) can cause avascular necrosis, but usually over a long period of time. You will need experts on liability and causation, so it is important to find an attorney in your area who has experience handling medical malpractice cases. I do agree that it is a potential malpractice as opposed to a personal injury case.


  5. The hyperflexion injury during surgery or birthing is a well known complication of such medical incidents. The injury in and of itself makes one suspect malpractice in the positioning of the patient, but the defenses to such medical malpractice are many.

    If one suffers such an injury, he or she (no he's in the birth process, of course... that would be an entirely different case I suspect) should consult with a medical malpractice lawyer who has handled these types of cases., understands operating room positioning, and acceptable medical risks for certain medical conditions.

    Fortunately, many of us medical malpractice and personal injury attorneys offer free consultations and take cases on contingency. Thus, there is nothing to fear when calling.

    - Paul

    Paul J. Molinaro, M.D., J.D.
    Attorney at Law, Physician, Broker
    Fransen & Molinaro, LLP
    980 Montecito Drive, Suite 206
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    ** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.

    Paul J. Molinaro, M.D., J.D. ... Attorney at Law, Physician, Broker... Fransen & Molinaro, LLP... 980 Montecito Drive, Suite 206... Corona, CA 92879... (951)520-9684... www.fransenandmolinaro.com / www.888MDJDLAW.com... "When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW." ... * This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy... ** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.


  6. This appears to be a possible medical malpractice claim. You should consult an attorney in our field about your injury.


  7. If you have to categorize your claim it looks tastes and smells like a medical malpractice claim. Find an attorney who specializes in medical malpractice and let him or her carefully review any and all records and determine the nature and extent and degree of any possible malpractice.

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