In October I visited the nearest hospital because my water broke and I was in pain. When I went to the hospital they were Malone me uncomfortable asking why was I there and why didn't I go to my hospital. In less than an hour thereally they told me that I was just peeing g on my self and sent me home. The next morNing I woke up in pain and still leaking so I went to a different hospital and in less than 10 minutes there they told me I should had been in the hospital that my fluid levels were low so i haf to get a csection. They said that the othe hospital should of kept me and that it was dangerous sending me home in labor. Ever since I had a csection my body hasn't been the same. So I was wondering if I had a case against them
Perhaps. In order to state a case you must be able to establish damage as a result of being sent home. In this case establishing that the C-section would not have occurred if you were kept at the hospital. That will require expert testimony. That being said I hope you have a healthy baby whom you enjoy. I do not think the damages, if provable, justify the case.
Without a serious permanent injury, the reality is that the costs likely would far exceed a recovery, but have a local malpractice lawyer review your records nonetheless. Avvo has a great lawyer finder tool to locate an attorney close to your home. Good luck.
Technically maybe, but....meaning this. When there is a medical error but fortunately it's caught before the results are horrible, the problem often is that if the fallout is temporary, then the damages are low, and yet the costs of any type of malpractice case are very high. So you may have a case, but many lawyers may say that it's not economical to bring it.
At this point what is most important is that you follow up with doctors for your post-delivery issues, and plan on consulting with an attorney maybe sometime in the spring when you have a better idea of what any fallout from the C-section is. Most lawyers who handle malpractice give free consultation.
I hope the baby is OK. Sorry to learn what happened. Most good attorneys in Philadelphia who do medical malpractice cases will be happy to talk with you at no charge to see if you have case worthwhile taking. Good luck.
Please note that these answers are provided as a community service and are not meant to create an attorney-client relationship.
It hasn't been all that long since your csection, it can take quite a while to heal. At this point, I would follow up with a doctor you trust and have him keep tabs on your healing process. You have two years from the date of any malpractice to file a lawsuit, so you have a bit of time. Focus on healing and taking care of your baby.
Now, if you do not improve and you end up with serious problems, that would be the time to speak to a lawyer. The lawyer will review your medical records and help you determine if you suffered from medical malpractice and might have a case.
At this point, it really is too soon to know if you have a malpractice case.
I wish you the best.
I am licensed in Pennsylvania. Members of my firm are licensed in various states, including Pennsylvania, New Jersey and New York. We handle cases involving personal injury (car accidents slip and falls, etc.,) medical malpractice, nursing home abuse, workers' compensation, social security disability and legal malpractice. Nothing I write on Avvo is legal advice, but instead contains general educational information. Please do not act or refrain from acting based upon what you read in anything I write on Avvo without retaining your own lawyer in your state. Also please remember that this post does not form an attorney/client relationship between you and me. If you have specific legal questions, you should contact an attorney in your state for assistance.
I'm sorry to hear about the medical ordeal you went through. I hope you and your baby are both doing better now. There are two very important factors in determining whether or not you have the grounds for a successful medical malpractice claim. One is whether or not the doctor/hospital violated the acceptable "standard of care," which your description seems to suggest but which an attorney would need to review medical records to know for sure. The other is whether or not the damages are serious enough to make the expensive process of pursuing a complicated medical malpractice claim worthwhile. It sounds like it may still be too soon to know whether or not the changes in your health are severe enough to warrant pursuing a claim. My suggestion is to keep track of the symptoms you notice and continue following up with your doctor as necessary as well as getting your child checked out regularly. When you have a better idea of whether your injuries are long-term and whether you will need additional medical care to treat them, talk to an attorney with experience handling medical malpractice cases. The consultation should be free. Good luck with both your recovery and any medical malpractice claim you pursue!
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This is only a potential case if there was an injury to you or your baby that resulted from the delay in delivery or infection. Having a c-section, even if that wasn't your preference, will probably not be enough by itself. Speak to an experienced medical malpractice attorney about your case. As stated the consultation will likely be free.
Medical malpractice claims in Pennsylvania are different than other injury claims. So make sure you find an attorney that specifically handles these claims.
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