What are my chances of winning my medical negligence case in the state of Arizona?

Asked over 2 years ago - Litchfield Park, AZ

I visited hospital with chief complaint of no movement from my baby, in addition to pain in my abdomen, pelvic area and the lower part of my back. The nurse believed I was suffering from a UTI or kidney infection. I had recently been treated with medication so I stated that to her, but she insisted that I was suffering from a urinary related problem. When the urinalysis returned negative she stated she believed I was suffering from a kidney stone. I had signs or symptoms of a kidney stone. I requested an ultrasound, but the medical staff refused, stating they believed I was suffering from a urinary related problem and not anything pregnancy related. I continued to express concerns of no fetal movement although my baby’s fetal heart rate was reassuring. I was discharged but returned the following day where it was determined my baby had died due to being bound in her umbilical cord.

Additional information

I had no signs or symptoms of a kidney stone.

Attorney answers (3)

  1. Joseph Jonathan Brophy

    Contributor Level 20

    Answered . I am so sorry this happened to your baby. It is impossible based on an Avvo question to offer an opinion what your chances are to win a medical malpractice case. These cases are tough to win in the best of circumstances. I suggest you discuss the situation with a couple of medical malpractice lawyers in your area. Do not try to get records first, just organize your facts as best you can and make some phone calls. Most medical malpractice lawyers are happy to answer questions on the phone without charge, and if they are interested in the case, they will take it from there.

    Any opinions stated in response to Avvo questions are based upon the facts stated in the question. Responses to... more
  2. Marc Edward Stewart

    Contributor Level 16

    Answered . You should have your medical records examined by a local Arizona attorney with a great deal of experience with medical negligence claims. Whether you have a viable case probably depends on what the fetal monitor tracings look like. The tracings are just a bunch of swiggly lines that must be properly interpreted by the physician or nurse. Sometimes they misinterpret them. Just because you felt less movement doesn't mean that you absolutely have a case. If the monitor showed a good heart beat from the baby then they were likely justified in not doing more. An attorney could obtain the fetal monitor strips & have them reviewed by an L&D nurse or an OB-Gyn for you.

    Until your records are examined, there is absolutely no way an attorney can render a competent opinion on your chances in court.

    Please note that I am not an Arizona lawyer. I cannot advise you on the law in your state or the critical legal deadlines for bring a suit. These things are very, very important. You should consult with a local Arizona law firm to get truly competent legal advice. Good luck.

  3. Daniel Paul Buttafuoco


    Contributor Level 16

    Answered . It is difficult to evaluate your case based on the information provided. Find an experienced attorney who can evaluate all the facts and help determine your next best course of action.

    If this information has been helpful, please indicate below. NY Attorney, Daniel Buttafuoco, has been voted... more

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