Is the hospital liable?

Asked 10 months ago - Ontario, CA

My cousins water bag broke 1 am Saturday morning. she then went to the hospital and they started to induce her labor since she was not dilating. the doctor said she would have a c-section and there was two scheduled surgery before her and she needed to wait they kept pushing back her surgery now almost 41 hours have gone by finally they took her in she delivered a baby boy as a precaution they put the both new mommy and baby on antibiotics. mommy is being scheduled for a second surgery to go in and clean her incision since the hospital fail to properly treat her and clean it every day. Also my have MRSA due to infection. it took the hospital several days to find out what was wrong with her and why she had a fever.

Attorney answers (7)

  1. Marc Lazarus

    Contributor Level 14

    6

    Lawyers agree

    Answered . She should get a copy of medical records and have them reviewed by a physician and an attorney to see if the hospital fell below the standard of care. The statute of limitations on medical malpractice cases is short (1 year against private defendants and 6 months claims statute against government defendants), so she should do so as soon as possible. She should consult with a medical malpractice attorney right away.

    Marc Lazarus
    www.russellandlazarus.com
    (800)268-9228

  2. Theodor Kaplun

    Contributor Level 16

    6

    Lawyers agree

    Answered . Consult with a medical malpractice attorney as soon as possible so that they may obtain the records and go over them to determine if you have a cause of action, best of luck.

    The above answer is for information only; and does NOT constitute legal advice. This answer does not constitute,... more
  3. Christian K. Lassen II

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . The costs would likely far exceed any recovery, but contact a local lawyer to discuss in detail.

  4. Philip Anthony Fabiano

    Contributor Level 20

    6

    Lawyers agree

    Answered . Everyone has given you good advice here. I take it the baby is fine which of course is wonderful. I am not sure whether your cousin does or does not have the infection. If she does have an infection and it can be shown that it came as a result of negligence then there is a claim. However if she makes a quick recovery with no long term damage or consequences then the claim would have little value. The costs of pursuing medical negligence cases are very high and if such a claim would not bring a meaningful economic recovery to your cousin then she probably would not want to pursue it and a lawyer would probably not be interested.

  5. David Ian Schoen

    Contributor Level 20

    5

    Lawyers agree

    Answered . She should consult with a medical malpractice attorney ASAP.

  6. Peter Cameron

    Contributor Level 12

    3

    Lawyers agree

    Answered . This is a common situation. However, it is best to consult a lawyer to address this issue right away. Provide the complete information to a medical malpractice lawyer so that he or she may assist you further. Keep in mind that to prove the hospital's liability the following must exist:

    1) The physician deviated from the accepted standard of medical care;
    2) That the deviation of this individual caused an injury to the patient; and
    3) That the injury has resulted in permanent disability or injury to the patient.

    Good luck.

  7. Robert Andrew Michael Burns

    Contributor Level 16

    2

    Lawyers agree

    Answered . This is a duplicate post; I presume that it was caused by a glitch.

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