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Can legal action be taken against my OBGYN for not monitoring my second pregnancy closely when having a history of pre-eclampsia

Nashville, TN |

In January of 2013 I was diagnosed with pre-eclampsia & placental abruption during my second pregnancy at 26 weeks, which resulted in a still birth. This was my second pregnancy having pre-eclampsia, the first pregnancy coming at 27 weeks. I was monitored monthly during my pregnancy, even after having early contractions at 20 weeks. I spent 7 days in the Intesive Care Unit and 3 days in a recovery room. I developed Kidney failure and had blood transfusions from losing a liter of blood . I also had high blood pressure which got up to 200.
My doctor recently told me I will probably be on high blood pressure pills permanently when I've had no history. Is my OBGYN at fault?

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Attorney answers 5


Maybe yes, maybe no. It is not possible to answer your question based on the facts you are able to give in a post. The question will boil down to if you Dr's actions did not meet the standard of care of other OBGYN's practicing in the area.

I suggest you obtain a copy of your medical records and take them to a medical malpractice attorney for evaluation and consultation.

This answer does not constitute legal advice nor form an attorney client relationship. I am not your lawyer. If you have a legal issue in Tennessee you may contact me for a free consult.


Take all your medical records to a med mal attorney for review. You will probably need additional medical opinions which the attorney will discuss with you. Med mal cases are difficult, time consuming and expensive. You will not really get a full answer in this simple Q&A forum.


Pre-eclampsia is a very difficult condition to manage and someimes has tragic outcomes. Rather than spend time and money trying to get medical records, try to find a good medical malpractice lawyer in your state first, and don't waste time. You should have an informal consultation with a lawyer before you start trying to get records. You don't state when this happened, but statutes of limitations for medical malpractice are short, and TN, like many other states, has specific laws that make it difficult to sue doctors. So, you need expert legal advice from square one.

Any opinions stated in response to Avvo questions are based upon the facts stated in the question. Responses to Avvo questions are for general information purposes only, and should not be construed or relied upon as legal advice.

Joseph Jonathan Brophy

Joseph Jonathan Brophy


Sorry on looking at the equestion I see this happened this January. My advice is the same.


Your statute of limitations is only one year and you should immediately seek legal advice. It may be difficult to show that the abruption was caused by a failure to monitor you and your pre-eclaimpsia. In addition, even if monitored sometimes the pregnancy cannot be maintained. Yours will be an expensive case to litigate with many subspecialty experts such as perinatology and obstetrics. Contact a local lawyer as soon as possible and I hope that you are getting good follow up care.


A very tough road to hoe, but call a med mal lawyer immediately, before the statute runs.

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