Skip to main content

Should we pursue a medical malpractice case due to a botched D & C ?

New York, NY |

My wife had an in - office D & C performed by her OB / GYN due to a miscarriage . She woke up the next morning experiencing extreme pain with fever . Follow - up in the emergency room proved the doctor left behind much of the material thought to have been removed by the original procedure . She was rushed into emergency surgery to remove and IV anti - biotic administered to fight the infection . This resulted in a 3 - day hospital stay . Thoughts / professional opinion regarding next steps .

+ Read More

Attorney answers 6


You need to follow-up with appropriate medical personnel to assess any permanent medical issues and you should follow-up with a litigation attorney to review your case. If the medical issue was resolved quickly and there are no long-term effects, it may be that a medical malpractice suit would be too costly to prosecute. Best of Luck.

Ryan Finn * 518.213.0115 * * Referrals are the highest form of compliment * Hacker Murphy serves clients throughout New York State and always pays referring attorneys a reasonable referral fee in contingency cases


She needs to get an opinion from a medical malpractice attorney in your state. It will all hinge upon if this mistake resulted in any permanent damages or if the doctor can be found to have fallen below the standard of care. Medical malpractice attorneys are very picky about the cases they take as they are extremely expensive to litigate. I would certainly explore my legal options with an experienced med mal attorney to see if you indeed have a case. Best of luck to you and I hope your wife feels better soon.


You need to get your medical records and discuss the case with a medical malpractice lawyer to see if the doctor was negligent and whether your wife's damages are large enough to warrant a lawsuit as these are the hardest fought cases and are very costly to bring because you need an expert witness to say the doctor was negligent.

I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.


Retained placenta cases are generally a no go, but the only way to know if there was malpractice is to retain a local med mal lawyer who can order the medical records and send them to an expert to review to ascertain whether there was a breach of the standard of care. I’m sorry, but my firm only handles birth injury cases, failure to diagnose cancer cases, and wrong site surgery cases.

Only 29% Contingency Fee! Phone: 215-510-6755


Assuming liability in failure to remove the detritus from the D&C, you have damages of an unnecessary surgery and 3 days in the hospital, plus pain and sufferring. There may or may not be long term consequences as well. The damages may or may not be enough depending on th strenth of the liability issue, so a disucssion with a med mal atty is in order.

If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.


In order to prove a medical malpractice case in New York, we must show (1) there was wrongdoing, (2) the wrongdoing caused injury and (3) the injury is significant or permanent. All three of those elements must be confirmed by a medical expert who has reviewed all of your records.

If any one of those elements is missing, and there is no way to bring a successful case.

Many injured victims believe that simply because they suffered a complication following a procedure, that automatically means something must have been done wrong. This is not the case. Many injured victims look to their friends who encourage them to bring a lawsuit simply by looking at the injuries they suffered without understanding whether there was wrongdoing or the wrongdoing caused injury.

The only way an experienced attorney can give you an intelligent, educated answer is to do a full investigation which includes obtaining all of your medical records.

The attorney then has to go through every single page of every medical record to fully understand what occurred. Then the attorney must, in New York, send all the medical records to a qualified medical expert in order to fully evaluate whether you have a meritorious case.

Only at that time can the attorney give you an educated answer as to whether there is a true basis to proceed forward with a lawsuit.

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer