I had a repeat cesarean section a month ago. For starters, they didn't give me enough numbing medicine (When we were preparing for c-sec) even after I stated that I felt the pinch the doctor gave me before taking me to the O.R for surgery. He said the meds would kick in. They never did. Went in to O.R and they began the surgery. 2 or 3 belly cuts in (one on top of the other) I started feeling it. I felt the entire cesarean. I was screaming that it burned and they kept giving me doses of the medicine that wasn't working. After about 15 minutes of agony they decided to go with "plan B" which completely knocked me out. After that I had my son and a few days later went home. Well it's been a month now and I just went to the hospital for symptoms of a retained placenta. Wouldn't you know it.. they messed up again! They put me through hell not once but twice!? I'm already scared to have more kids in the future out of the fear of feeling that burning pain again but now this? Do I have the grounds to sue? I don't feel I was treated well. The entire experience was bad. Thankfully my son is fine (Although they left some ugly marks from yanking him out with those damn forceps) but I'm not.
You certainly had a very experience. For reasons that are not clear to me, OBs must rush the C-section because several different persons have posted about inadequate anesthesia prior to the C-section on this forum. Unfortunately, the pain you endured may not be enough to justify the risk and expense of a medical malpractice claim. Second, the retained products of conception while extremely rare after a C-section, it is possible and likely a known, adverse complication of the procedure. Hence, that too may not form a basis of a viable medical malpractice claim. But to be sure, consult local, qualified counsel. Best of luck.
Doc Shah, Esq. medical malpractice and personal injury attorney in Arizona
Zaheer A. Shah, M.D., J.D.
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.
Damages may be inadequate to justify a malpractice action but discuss with local malpractice counsel to see if expert review is warranted based on your claimed damages.
From your description it sounds like a viable case of medical malpractice, but the determination will be whether the doctor deviated from the normal standard of care. Lots of factors involved. Use Avvo.com to find an experienced medmal attorney in your area.
I am so sorry this happened to you. I recently had another client with a similar issue of a retained placenta. Nothing is worse than not getting back to normal especially after giving birth. Each case is different and there are many aspects of retained placenta cases that must be investigated. Only after getting all of the facts and records can you determine whether you have a case or not. In order to pursue medical malpractice an expert in the field would have to say that they violated the standard of care in your treatment. Only after you have that expert opinion (affidavit) can you sue. Do you know if you definitely had a retained placenta? Do you know the size? Has your OB stated that you may have any scarring issues that would interfere with future pregnancies? How many pregnancies have you had.... was this a first C section etc. All of these questions and many more need investigation in addition to the issues concerning the anesthesia. Please consult with an attorney as soon as you are able. I am glad your son is ok!
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