So my water broke at home. I went to the hospital they said the could not say for sure whether my water had or had not broken. The tests were inconclusive. I told them and my records showed I was strep b positive, which means after your water breaks you must give birth within 24 hours because of risk of serious infection. I went to my OB the next day and he said I was pooling water and my water had definitely broke. I was induced right away and later had to get a csection because of risk of infection. Since the c section, I have had pain around the scar. Thought it would go away but it is 6 months later and still there. Also the c section being such a major surgery triggered my anxiety and depression and I have been on a lot of medication to help deal with the ptsd from the surgery. do I have a case? I guess this is worth mentioning as well, the hospital sent a women up from administration while in the middle of getting induced and she was trying to explain why I had been sent home the day before and what they saw was different than what my OB saw, etc. etc. but I asked her to leave because I wanted to get my baby out and safe.
You need to some the local attorneys that practice medical malpractice in your area. Interview more than one and pick carefully. You'll with that attorney or firm for a year plus. Good luck
Advice given in this forum does not create an attorney - client relationship. No advice should be relied on without consulting with a local attorney.
Malpractice is care and treatment that falls below the standard of care and causes injury. The standard of care is basically the level at which the average, prudent provider in a given community would practice. It is how similarly qualified practitioners would have managed the patient's care under the same or similar circumstances. Injury typically must be severe or permanent in order for the claim to be economically feasible to pursue even if there is malpractice. These cases are very expensive and risky to pursue. Unless it appears there would be a meaningful economic recovery to the patient the cases are cost prohibitive to pursue. In order to find out if you were the victim of negligence, you need to retain a lawyer willing to investigate the claim. The lawyer will gather your medical records and have them reviewed by a medical expert who will be asked to offer an opinion as to whether 1. the care and treatment you received fell below the applicable standard of care and 2. caused an injury. There is no claim to pursue unless and until such an opinion is secured.
If you feel this is the "best" answer or is "helpful," please indicate. Since I am limited to the information you provide, I cannot guarantee the accuracy of the answer. You should seek the advise of an attorney who can explore all aspects of your question. This communication does not form an attorney client relationship.
An important question to answer in your recitation is whether you were administered antibiotics once your water broke? In addition, the risk of having a GBS (group B strep) infected infant in the setting of NOT receiving appropriate antibiotics is 1 in 200. Did your baby suffer the early or late manifestations of GBS? If so, then you may have a viable claim. Consult local counsel for further clarity.
The author of this answer is an Attorney-at-Law, licensed to practice law only in the state of Arizona. Unless both you and the author have signed a formal retainer agreement, you are not the author's client, and the author's discussion of issues does not constitute legal advice. Opinions expressed herein are solely those of the author, and are neither privileged nor confidential.
Unfortunately, medical negligence cases are so expensive to prove it takes a very large case to make it worth pursuing, in that all are defended vigorously. In this case it appears that regardless of whether they are negligence there are not enough potential damages to bring interest an attorney in pursuing it. Attorneys have to front the costs, which are typically 50,000 to 100,000 to bring these cases and are not paid if they lose, which is a substantial amount of the time. Consult with a med mal attorney though so you can give them all the facts to get a fully informed decision.
Sign up to receive a 3-part series of useful information and advice about personal injury law.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline