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Who can I sue? What category does it fall under?

Riverside, CA |

After my c-section, I kept getting "gas cramps" & ran a 104 fever & had the shivers. My OB still released me. I went to the ER the next day where I was seen by a new OB. He performed emergency surgery on me. I had a hemotoma in my stomach & my c-section was severely infected. He said it was the worse he had seen. I stayed in the hospital for an additional 3.5 weeks. My baby was not allowed in & I could not breast feed due to the strong anti-biotics I was on. I was also on a wound vac. I went home with an IV line in my arm & the wound vac. I spent the next 4 months recovering. To this day, part of me feels distant from my baby and I feel I suffer the trauma. I think about the pain I was in everyday. I want justice to be served. There were several signs but nobody responsible for them.

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Attorney answers 3

Posted

This is obviously a medical malpractice claim and you should consult with an attorney in your area who specializes in that field (preferably one who has handled c-section cases) right away. You do not indicate when the initial C-Section delivery was. I believe, and you can verify this with the attorney you consult, that California has a 3 year statute of limitations for medmal claims. I the incident occurred more tnan 3 years ago, you could be time-barred from bringing a suit. If you were dealing with a governmentally run faciility or doctor, there can even be a shorter statute of limitations. Run, don't walk. The consultation will be free.

Asker

Posted

Thank you, it was in October 2011.

A Melissa Johnson

A Melissa Johnson

Posted

The statute of limitations in a medical malpractice case in California is 1 year. You must also send a notice of intent to sue before you may commence litigation.

Posted

The deadline to file a lawsuit in California is just 1 year. Run, do not walk, to a local medical negligence attorney. The key to your case is the fever prior to discharge. Also I would be curious if your blood labs prior to discharge showed elevated white cells or neutrophils. Every case, even the good ones, has a challenge in it somewhere. Yours will be the extent to which you can prove that a delay in treatment of roughly 24 hours or more could have made an over-arching difference in your need for a subsequent procedure, the wound vac, the need for long term
Antibiotics, etc. But my guess is that it could be proven. Find an attorney quick. Make sure he or she has a great deal of experience in this area.

Asker

Posted

I don't know about prior to discharge, but during my 2nd stay, I was seen by an Infectious Disease MD and he ran many tests due to my levels of white blood cells.

Marc Edward Stewart

Marc Edward Stewart

Posted

Sure, that would make perfect sense. Your attorney's task will be to prove that the OB-Gyn should have not discharged you the first time. Discharge would typically not be appropriate if you exhibited signs and symptoms of a post-operative infection (post-op infections can occur under the best of circumstances so physicians are obligated to be on the lookout for them). So the white cell count, neutrophils, and the fever are key factors that can hopefully be seen in the records BEFORE the discharge. Then your attorney will likely be able to recruit the necessary medical expert support to pursue the lawsuit. I wish you the best of luck! And a good recovery too. Congratulations on your baby.

Posted

The facts you describe may very well give rise to a claim for medical malpractice. However, you will likely need the expert opinion of another doctor stating that the medical providers who treated you did not exercise the requisite degree of care.

For a database of experts who can assess your records, visit this link: http://www.jurispro.com and enter the relevant search criteria.

As noted above, the statute of limitations for medical malpractice claims is typically just one year, so time is of the essence.

Good luck.

This answer is a general interpretation of the law and is not fact specific to your case. Likewise it does not create an attorney-client relationship. You should seek an attorney for a review of your specific facts and documents.

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