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What determines whether or not if one has a medical malpractice case or not?

Norfolk, VA |

My wife with to the ER four different times at three different hospitals for pains in her lower area and even had bleeding . We took pictures every time to show that something was hanging from her virginal area and yet every time was told everything is fine. On our third visit we went to the ER for pain and shortness of breath, ask could the do an ultrasound and did not get it. Was sent home the very next night had to go back to the ER because she had dilated and was having a miscarriage. Was then told that it was to early to do anything being that she was only 4 going on 5 months and had to be exactly 5 months. She was then released baby was still breathing, was given Percocet for pain about 5-10hrs later had to go back to the ER because she had dilated more and was told the baby was gone

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Attorney answers 5


Talk to a LOCAL medical malpractice attorney in the privacy of his/her office. You will not find a solution to your problem here on Avvo.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


Consult an experienced malpractice attorney in your area.

This answer is provided as a public service for informational purposes only. Providing this information does not create an attorney-client relationship. As with all legal matters, you should contact an experienced attorney in your geographical area to discuss the law specific to your state. For more information, see


You need to speak with an attorney in your area. It's a devastating loss and many attorneys on AVVO would like to help, but these cases are so fact-sensitive, turning on what may be thought as minor medical detail, that it would be foolish to answer your question as it's presented. Many attorneys offer free consultations. My approach would be to get a OB/GYN or other medical expert to render an opinion in support of your suspicion that the miscarriage was a result of medical negligence. The primary focus is your wife's health though. The statute of limitations for medical malpractice is two (2) years in Virginia. Good luck friend.

The answer provided is for general information purposes and cannot be relied upon. In order to provide legal advice, one must engage with a live attorney; this answer does not create such attorney-client relationship.


My book answers this question
download it free (link below)

Ben Glass is licensed in Virginia. He offers a number of free consumer book downloads at his site for information purposes only. You should consult an experienced, board certified attorney in your area. Obviously, no attorney client relationship is formed by participating in Avvo.

Adam Morrow

Adam Morrow


Respectfully, your answer "my book answers this question" is not an accurate response to the question "medical malpractice case or not?" Only after a comprehensive investigation of the facts and the medical issues of each case, including this potential case, can one comfortably determine the merits of a medical malpractice case.


Have a local malpractice lawyer order the records to review.

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