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Should we hire a malpractice attorney?

I am writing this query on behalf of my daughter, who recently lost a pregnancy after having amniocenteces. Her obstretician refered her for the procedure after bloodwork indicated the possibility of fetal chromosomal abnormality. Two days after the amniocentesis was performed, my daughter had to be admitted to the hospital with sepsis. A second amnio was performed, and it was determined that the fluid in the amniotic sac was infected with multiple strains of bacteria, and labor was induced.The fetus was too immature to survive.The bloodwork gave a false positive.We have been advised to retain an attorney,and have her medical records looked over.Perhaps the site where the needle entered her uterus, had not been properly sterilized and allowed bacteria to enter her system.

Additional information
The original bloodwork was a quad screening that gave the false positive result for chromasomal damage. The amnio, and sonogram, indicated a healthy baby. Any adivce would be greatly appreciated.
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Attorney answers (2)

Reputation Level 8
It does appear that there may be a valid cause of action on behalf of your daughter, however I must caution that without more information than is contained in your question a definite decision to proceed cannot be made. Once the records are obtained, they would have to be reviewed. As these types of cases are handled on a contingency fee basis, it would not involve any cost for your daughter to consult an attorney experienced in medical malpractice. if she is interested in pursuing the matter she should consult an attorney as soon as practicable.
1 person marked this answer as good
Mary Katherine Brown
Mary Katherine Brown, licensed in New York

Reputation Level 12
On its face, this sounds like it could be malpractice, but you'd have to show that the sepsis and the bacteria were caused by the amnio. While that may appear to be the case, you'd have to have a doctor willing to say so, unless, of course, the medical records themselves say so.

The other element to a malpractice case - - damages - - may not be so easy to prove without some kind of psychological claim. Certainly, it's horrible for a woman to lose a baby mid-pregnancy, but if she is young and capable of having more children (and does in fact have more children after the case is started, which often happens), her damages may be limited. I know it sounds a bit cold, but that is one of the considerations for an attorney to take or reject a case. On the other hand, if your daughter is having psychological issues which are or may be seriously affecting her, the damages may be more readily provable.

Please feel free to send me an e-mail or call me, and I'd be happy to discuss it with you further.

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