The most accurate answer to your question is "maybe." This is because more information is needed on at least the following issues: 1) did your doctor have you undergo a trial of labor for the second delivery prior to the c-section? [if so, it should be determined whether proper standards for a VBAC delivery were used and the medications given should be scrutinized], 2) Did your bleeding result from an unforeseeable uterine rupture versus a failure on the doctor's part to ligate the artery? [uterine ruptures unfortunately occur and result in sever bleeding or death. Doctors of course have to address blood vessels they cut or should know are bleeding.] 3) what is the harm that came to you as a result of this incident? [If little harm came to you then the case may not support the high cost involved in pursuing it]. I suggest you contact an experienced medical malpractice lawyer in your area for answers to these questions. Good luck to you.
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A local malpractice lawyer would need to order your records to send to an expert to review to ascertain whether there was a breach of the standard of care. Avvo has a great "find a lawyer" tool to locate a top-rated attorney with a reasonable fee. Good luck.
The answer is it depends on many facts and issues that cannot be known without a full review of all relevant medical records. Also required would be input and further review of those records by a qualified expert in the appropriate medical field. In your case that might be an obstetrician, a general or trauma surgeon, or some combination of these. It is not possible to know based on what you have indicated. It may be based on your note that one physician -- perhaps an obstetrician-- performed the hysterectomy and a general or trauma surgeon was then called in when the bleeding could not be stopped. There could be more than one potential issue here. First could be whether the medical care up to the point where the uterus ruptured met the standard of care. A second issue could be whether the emergency hysterectomy met the standard of care. In other words, was it done promptly and/or in an appropriate way for a surgeon of average competence in Warren County (if the surgery was at Glens Falls Hospital), or if the surgeon was board certified, according to the skill level of the average board certified surgeon on a national level . A third might be whether the obstetrical/surgical team met the standard of care in reacting to and managing the continued bleeding following the emergency hysterectomy. It would also be of interest to see whether all or any operative reports stated that the post-hysterectomy bleeding resulted from a failure to tie off the main artery that feeds the uterus. There are also recognized risks of procedures, and these can include bleeding, and death. However, a patient usually does not consent to negligent treatment. If the case was sued in Warren County the jury pool must also be considered as it is conservative. Finally, an attorney would have to realistically review the damages and losses suffered. There is no indication in the post as to whether you fully recovered, how this effected you, or a complete listing of harms and losses. All of these items would need to be explored in detail before any evaluation of the case could be framed. This is only a general review without conclusions for the reasons set forth above.
The cutting or perforation of an artery during surgery is not a deviation from the standard of care in almost all cases. The perforation of an artery during surgery is known as an "unavoidable complication" of surgery and as such, is not a deviation from accepted medical standards of care.
When an artery is perforated during surgery, the surgeon or hospital may be negligent in failing to timely diagnose the internal bleed. The symptoms of internal bleeding are a drop in blood pressure and a drop in blood values called hemoglobin and hematocrit (known as the "H&H" values on a blood complete blood count).
In the classic "bleed out" case at a hospital, a strong case exists when there is a delay in diagnosing the internal bleeding and the patients dies as a result. Since you were fortunate to have survived, your damages are very limited and I doubt a lawyer will accept your case.
You should contact a Personal Injury Lawyer that specializes in Medical Malpractice immediately. Find one with a free consultation and have them explain the process to you
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