Whether you could sue the doctor or not is unclear based on the information you have stated. This is because there is a lot of medical detail that would impact the answer. However, the next issue is that there is likely not enough in damages to justify a lawsuit. Typically, a medical lawsuit will cost between $50,000 and up to bring to trial. Thus, the potential recovery must be sufficient to pay your attorneys fees and the expenses before you will receive a dime. If you work a few scenarios you will quickly see that the damages must be pretty large to justify the time and expense. The bigger picture for you, in my opinion, is that you went through a very upsetting time during a period in your life that is extra emotional anyway. I am pleased you don't have abruptio placenta and your baby is alive and healthy. It is so much better to have a baby that is alive and healthy than to have a good lawsuit. this is all just my opinion of course. I encourage you to seek other legal opinions before you make a final decision on whether to proceed with a lasuit. As always, keep in mind that there is a time deadline to filing a lawsuit so you should contact another attorney immediately should you want to pursue a lawsuit. Good luck to you and your family.
The law probably does not permit you to sue for only mental distress, but you should consult with an experienced personal injury attorney in your jurisdiction.
The author of this post is licensed to practice law in the District of Columbia, Maryland, and Virginia. This post is intended as general information only, and is not provided as legal advice in connection with any specific case, and does not create an attorney-client relationship.
Sign up to receive a 3-part series of useful information and advice about personal injury law.