I had a lacerated cervix when I delivered. My doctor must not have documented it or whatever, but (sorry tmi coming) i had something coming out of me that the nurse and 2 other doctors believed was just a blood clot. First the nurse pulled on it--hurt like hell. Two residents then came in , gave me pain medication first , then pulled on it, but it hurt like crazy so i asked them to stop and contact my OB-GYN immediately. She told me not to let anyone else touch me, that it was my cervix they were pulling on. Long story short--for 2 weeks, it was hanging out of me, I went thru 2 procedures to "sew it back in" and was told to wait at least 2 years before trying to get pregnant because I wouldn't be able to hold the pregnancy as it got heavier. (told this only after I told the doctor i wanted another baby a year later) I am 38 years old. I'm finally able to talk about this, and have been told I should have sued. Do/did I have a case?
2007-08-02 12:01:36 · 20 answers · asked by AdoringK 3 in Politics & Government ➔ Law & Ethics
This is the same doctor's office who won't pay me back $2,000 and won't return my calls about it...but I have an upcoming appt. and feel obligated to stay with her because she knows about the lacerated cervix and what was done afterward. At the hospital, my husband had asked her if he should get the names of the people involved (the doctors and nurse who tried to remove the cervix thinking it was a blood clot) and she told him no--it was "not a big deal"--and now I'm really upset that he listened to her. This, of course, was before we knew that I had to wait to have another baby, and before I knew the pain I'd go thru and the procedures I had to endure to "fix" it.
thank you. feels good just to get it all out.
2007-08-02 12:04:42 · update #1
this happened 15 months ago. my doctor had said that "they" should have known what a cervix looked like--and shouldn't have someone looked at my chart to see that i had a lacerated cervix? that's if my doctor documented it correctly.
2007-08-02 12:11:20 · update #2
HELL YES. and im sure you will win
2007-08-02 12:04:05 · answer #1 · answered by blackqueen 5 · 1⤊ 1⤋
You probably don't have much of a case. In order to sue a doctor you have to prove that there was gross negligence. This typically involves hiring an expert witness which can cost in excess of $500 an hour and you have to be able to prove that they knew that what they were doing was causing damage and knowingly continued to do it anyway. If they thought it was a blood clot and were trying to remove it, they would not likely be held liable for your pain and suffering. It is an unfortunate situation you ended up in but you will have a very hard time trying to find a lawyer that would take this on. Put this behind you and think of the better things in life like trying for baby number 2. Good Luck.
2007-08-02 12:07:35 · answer #2 · answered by Anonymous · 0⤊ 1⤋
I am not a lawyer, so I have no idea if you have a case. But I am so very sorry this happened to you. Do not stay with this doctor out of obligation. If you are not comfortable, find someone else and meet them before you get pregnant. Doctors are smart people, ask that your chart is forwarded and your new doctor will know all about your history and will be able to treat you accordingly. You may also want to consider counseling. You had a traumatic, invasive experience. Best wishes to you.
2007-08-02 12:13:59 · answer #3 · answered by wyllow 6 · 1⤊ 0⤋
Not against the doctor, but against the nurses, residents and hospital you probably do. You need to see an attorney IMMEDIATELY. You have waited a very long time and are running against a statute of limitations. This could keep you from being able to sue if you have waited too long. Usually you have 18 months to 3 years, BUT lots of states have shorter SOLs now. Go see an attorney NOW.
2007-08-02 12:06:22 · answer #4 · answered by cyanne2ak 7 · 2⤊ 0⤋
First of all, let me say how sorry I am that this has happened to you, you must have felt really let down. But, I feel that you should just put it behind you. Your doctor was not involved, so why are you suing her? The hospital staff are who caused your suffering, but at the end of the day, we are human beings, and to err is human, to forgive divine. We all make mistakes, and unfortunately you have had to endure some really painful memories regarding childbirth. I know how you feel, really I do. My son was born full term but his lungs weren't mature, and he spent 2 weeks in intensive care, I suppose I could have sued, the doctor should have picked this up, but I didn't, because I know that this was just an unfortunate incident that I had to deal with in life.
2007-08-02 12:15:37 · answer #5 · answered by ellen d 6 · 0⤊ 0⤋
OMG. Sorry, that just sounds so painful!
Yes, the short answer -- call a medical malpractice lawyer, but do it fast, because in most states you only have 2 years from the date you realised the mistake. Your yellow pages or the bar association in your area will know the names of some attorneys who will take the case on contingency. Don't waste any time!
2007-08-02 12:05:53 · answer #6 · answered by Hillary 6 · 2⤊ 0⤋
Where the heck do you live? nurses and residents don't touch a patient unless the doctor gave approval to do so and the patient too.
I would sue the hospital but how long ago did this happen, you should have gone to a lawyer immediately after you checked out of the hospital.
2007-08-02 12:07:10 · answer #7 · answered by Tapestry6 7 · 2⤊ 0⤋
This is a legal issue that should be addressed by a medical malpractice attorney. So you should hire one.
Typically medical malpractice statutes of limitations are much shorter than other negligence statutes. However, that said, it is always possible to try and sue in contract, but you really want to sue in tort.
Hire a good lawyer and get some good advise FAST!
2007-08-02 12:06:24 · answer #8 · answered by krollohare2 7 · 1⤊ 0⤋
Yes - You should sue... but not because you want to have a baby... that is not how the law works.
You should sue for pain and malpractice.
If an insurance company chose your OBGYN for you then you should sue them too.
I am all for Healthcare reform in 08... these insurance companies get paid WAY too much to put people through crap all the time.
2007-08-02 12:44:14 · answer #9 · answered by rabble rouser 6 · 0⤊ 0⤋
No doctor can control everything that your body will do during pregnancy/birth. You don't have a case, because it wasn't a mistake on their part. It was just something that your body did. Suing them for it would be like suing someone when you pee....it's not their fault; it just happens sometimes. I'm not saying you're to blame for this. I'm saying no one is to blame, least of all the doctors who did everything they could do figure out and fix what was wrong. You owe them gratitude, not a lawsuit.
2007-08-02 12:07:19 · answer #10 · answered by Anonymous · 0⤊ 1⤋
Hello, my father is a cardiologist. I do not know if you can sue but there is a way to attach your complaint to his license. I'm not sure how but am phoning my father now. I will email you with the answer. P.S. He could potentially lose his license. Especially if he has other complaints already logged . . .
2007-08-02 12:12:21 · answer #11 · answered by CHARITY G 7 · 0⤊ 0⤋