Skip to main content

What are my chances of winning my medical negligence case in the state of Arizona?

Litchfield Park, AZ |

I visited hospital with chief complaint of no movement from my baby, in addition to pain in my abdomen, pelvic area and the lower part of my back. The nurse believed I was suffering from a UTI or kidney infection. I had recently been treated with medication so I stated that to her, but she insisted that I was suffering from a urinary related problem. When the urinalysis returned negative she stated she believed I was suffering from a kidney stone. I had signs or symptoms of a kidney stone. I requested an ultrasound, but the medical staff refused, stating they believed I was suffering from a urinary related problem and not anything pregnancy related. I continued to express concerns of no fetal movement although my baby’s fetal heart rate was reassuring. I was discharged but returned the following day where it was determined my baby had died due to being bound in her umbilical cord.

I had no signs or symptoms of a kidney stone.

+ Read More

Attorney answers 3

Posted

I am so sorry this happened to your baby. It is impossible based on an Avvo question to offer an opinion what your chances are to win a medical malpractice case. These cases are tough to win in the best of circumstances. I suggest you discuss the situation with a couple of medical malpractice lawyers in your area. Do not try to get records first, just organize your facts as best you can and make some phone calls. Most medical malpractice lawyers are happy to answer questions on the phone without charge, and if they are interested in the case, they will take it from there.

Any opinions stated in response to Avvo questions are based upon the facts stated in the question. Responses to Avvo questions are for general information purposes only, and should not be construed or relied upon as legal advice.

Asker

Posted

Was the hospital negligent for not ordering and/or preforming the appropriate diagnostic test?

Joseph Jonathan Brophy

Joseph Jonathan Brophy

Posted

That is the allegation. It would require a medical expert to back it up. It is part of a lawyer's job to find the right expert to offer a medical opinion.

Asker

Posted

Will I be able to hire an expert witness without a lawyer to state whether or not the hospital actions were below the standard of care? Do expert witnesses work with clients? Or possible a legal nurse consultant?

Posted

You should have your medical records examined by a local Arizona attorney with a great deal of experience with medical negligence claims. Whether you have a viable case probably depends on what the fetal monitor tracings look like. The tracings are just a bunch of swiggly lines that must be properly interpreted by the physician or nurse. Sometimes they misinterpret them. Just because you felt less movement doesn't mean that you absolutely have a case. If the monitor showed a good heart beat from the baby then they were likely justified in not doing more. An attorney could obtain the fetal monitor strips & have them reviewed by an L&D nurse or an OB-Gyn for you.

Until your records are examined, there is absolutely no way an attorney can render a competent opinion on your chances in court.

Please note that I am not an Arizona lawyer. I cannot advise you on the law in your state or the critical legal deadlines for bring a suit. These things are very, very important. You should consult with a local Arizona law firm to get truly competent legal advice. Good luck.

Asker

Posted

I understand but I had visited the hospital 5 times prior due to complications with my pregnancy and all times an ultrasound was performed. I am seeking a experienced lawyer. Thanks for your time.

Asker

Posted

Will I be able to hire an expert witness without a lawyer to state whether or not the hospital actions were below the standard of care? Do expert witnesses work with clients? Or possible a legal nurse consultant?

Marc Edward Stewart

Marc Edward Stewart

Posted

I would not recommend finding your own expert. First, they are very expensive to pay out of your own pocket. Several thousands of dollars just for an initial retainer. Second, any attorney you later retain will want to engage his or her own expert that they know has experience in depositions, trial, etc. I would not hire a legal nurse consultant. They are not qualified to render formal opinions regarding standards of care applicable to physicians. I would just retain an attorney and let them investigate the case. They are trained to do it right and it will be to your benefit.

Posted

It is difficult to evaluate your case based on the information provided. Find an experienced attorney who can evaluate all the facts and help determine your next best course of action.

If this information has been helpful, please indicate below. NY Attorney, Daniel Buttafuoco, has been voted BEST LAWYER five years in a row and has represented clients all over the United States. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Daniel Buttafuoco strongly advises the questioner to confer with an attorney in order to ensure proper advice is received. www.1800NowHurt.com

Asker

Posted

Thank you!

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