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I was enduced on 7/6/12&had a 31.5wk baby cuz my dr overlookd a sono tht nformd my due date changn to 9/9/12 do i hve a case

Nashville, TN |

At d begn'n of my pregnancy I was see'n a different dr but tht dr didnt meet my needs so I trnsferrd to the dr tht induced me too early.Whn I transferrd I gt my mdical recrds frm my old dr&took to my new dr.My new dr saw notes frm my old dr tht my due date was estimatd to b 7/9/12 bt thr was no sono pic so she sched me a sono for her to revw&confrm due date.Evry visit aftr the sono she informd me that my due date was stl 7/9/12, she askd me did I wnt to be inducd cuz I was over 39wks&I agreed so she induced me 7/6/12.Whn I deliverd, my baby was 3lbs 12oz. So she thn wnt to print off my medical recrds&realizd she overlookd tht my due date was pushd back to 9/9/12 my baby was born 8wks premature cuz of her overlookn that info&now is in Neonatal ICU fghtn4 her life. Do I have a case agnst her

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Attorney answers 4


You need to contact a Medical Malpractice lawyer in Tenn. immediately. Each state has different rules about when you can make claims, so make sure they are a Tenn. Lawyer who works on Medical Malpractice matters. Ask them about aby special rules for the doctor you were treating with (if they were associated with the State somehow, etc.), whether or not any forms you may have signed may alter your claim, further you will want to discuss that your child's prognosis is still unknown. Do not delay, find someone immediately.

Good Luck and I am very sorry for your situation.


You should definitely retain counsel. Inducing 8 weeks early is almost certainly malpractice. Not reviewing the sonography is inexcusable. In addition to the due date, the sonography will estimate fetal weight. There is no excuse for inducing when the child is that small. I would be happy to discuss with you further.

This answer is provided as a public service for informational purposes only. Providing this information does not create an attorney-client relationship. As with all legal matters, you should contact an experienced attorney in your geographical area to discuss the law specific to your state. For more information, see


You need to speak with a local lawyer that is experienced in birth related cases. It sounds as if you very well may have a case. However every state is different and has different requirements for bringing these kinds of cases. Get in contact with someone local... asap.


The best advice anyone can give you is to contact an experienced Tennessee birth injury lawyer. Tennessee has the shortest statute of limitations for birth related injuries in the country. Moreover, these types of cases can be extremely complex and are virtually impossible to handle without help from a lawyer.

To get you started, feel free to download my free book When Tragedy Strikes: What Every Tennessee Parent Needs to Know About Birth Injuries, by following the link below. My website also has several videos, articles, blog posts, and FAQs pertaining to birth injuries and medical malpractice.

Please note that my answering this question, does not in any way mean I represent you for this, or any other case. This answer is given for informational purposes and does not create an attorney-client relationship. Thomas R. Greer Bailey & Greer, PLLC 6256 Poplar Avenue Memphis, TN 38119 (901) 680-9777

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