In september of 2016 i vsg surgery. Well i didnt know but 3 months after the surgery I got pregnant. Now I also have Pcos so going 9 months with out a cycle is normal for me. August 27 I went into the local hospital with extreme pain the worst I have ever felt. I told the registration nurses I thought I was dying and about my surgery that i had less then a year ago. I told them my pain was in my abdomin and I was in so much pain i was going to pass out. They brought me back into emergency triage where I gave a urine sample. I cried and screamed for a hour and half. I even got up went to the bathroom and seen there was blood i told the registration lady for insurance that i needed a doctor and she refused to find one for me. I was there a total of a hour and half with NO medical attention. The doctor was in the room next to me talking to a man about his anxiety as he heard me scream and never checked on me. Any way i got up went to the bathroom and nurse asked if i was ok and could walk back to my bed i told her no. She left me to go get a wheelchair. I felt a sudden urge to stand and push. I ended up delivering my baby in the bathroom toilet. They never ran urine sample.
I am sorry to read of your awful experience. Is your baby ok? It appears that neither you nor the hospital staff had any idea that you were having a term pregnancy and about to deliver. But as long as you and your baby have not suffered any substantial, permanent injury, there may not be a basis for a medical malpractice lawsuit. To be sure, gather your medical records and consult local counsel for further clarity.
Dr. Zaheer A. Shah, MD, JD (Attorney and Physician): The author of this answer is an Attorney-at-Law, licensed to practice law only in the state of Arizona and he is a board certified, Ivy League trained, practicing physician. Nothing posted on this forum by the author constitutes legal advice. Additionally, any medical opinions rendered on this forum in response to a particular question do not constitute medical advice. Opinions expressed herein are solely those of the author, and are neither privileged nor confidential. While an effort is made to offer accurate information, there is no guarantee as to accuracy.
Emergency room is filled with people in various states of medical stress. Your experience however distressing seems to have resulted in little or no injury.
I completely agree with attorney Shah. Please consult with a local experienced medical malpractice attorney asap so they can see if the matter merits litigation. Please retain and bring all medical records and documentation of this event. I am glad to hear you and your child are fine.
I would suggest that you consult with an attorney, however, it would appear from your description is that you may not have suffered any significant or permanent damage as a result of this absolutely horrible attempt at medical services.
To the PROSPECTIVE client, please call with more details, and for an appointment. My PRELIMINARY answer to your question(s) is for general purposes and based upon the information you have conveyed. It is based on such limited information that it is a general answer, and should not be relied upon as a reason for your action or inaction. My response does NOT establish an attorney-client relationship and such may only be established by mutual agreement, and the signing of a written retainer agreement, which will generally require payment for our services, as this is what we do for a living and, just like you, we must get paid for our work.
What did the hospital do wrong? Did it cause you damages? Would the urine sample have changed the outcome? Childbirth is painful, and so you were experiencing normal pain. Obviously, you had a medical issue and potentially a legal issue. Lawyers did not impregnate you, nor do they deliver your children; all we can do is to get money for you IF someone does something that they shouldn't, or fails to do something that they should. You need to prove that you were injured by the action or non-action, and that you sustained damages as a result.
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