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Medical Ethics/ Obstetrical Malpractice

Been the victim of Medical Malpractice or fighting a malpractice suit? Discuss it here.

Medical Ethics/ Obstetrical Malpractice

Postby Tedd » Sat Oct 15, 2016 4:44 pm

I was wondering if I could pursue a medical malpractice lawsuit on the grounds of "failure to diagnose an incompetent cervix"? I gave birth prematurely to my daughter, Hannah, on October 26th 2010, and on October 18th, 2010 I had an ultrasound. The sonographer had mentioned to myself and my friend who had accompanied me that it looked my cervix was shortening and beginning to open. The sonographer also said that the doctor would come in and perform a transvaginal ultrasound, which he never ended up doing since he said "my cervix looked closed." On November 29, 2010 I went into the hospital to talk with the maternal fetal specialist who apologized on behalf on herself and the other high risk ob/gyn for after the premature delivery, the ultrasound pictures showed that my cervix was, in fact, effacing and beginning to dilate. She said that she is sorry that they did nothing about it, and did not catch this cervical dilation sooner. I was wondering if I could pursue a lawsuit because of this fact, and for the unethiclal treatment of my baby once she was born(the fact that the nurses would not turn the infant warmer on while Hannah was dying). Please contact me regarding this case as I which to set a precedent with the outcome of this case so that this blatant negligence should never happen to anyone, and the fact of no pallative care of Hannah should also be examined.
Tedd
 
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Joined: Fri Apr 04, 2014 7:26 am

Medical Ethics/ Obstetrical Malpractice

Postby Eldon » Sun Oct 16, 2016 11:22 am

I was wondering if I could pursue a medical malpractice lawsuit on the grounds of "failure to diagnose an incompetent cervix"? I gave birth prematurely to my daughter, Hannah, on October 26th 2010, and on October 18th, 2010 I had an ultrasound. The sonographer had mentioned to myself and my friend who had accompanied me that it looked my cervix was shortening and beginning to open. The sonographer also said that the doctor would come in and perform a transvaginal ultrasound, which he never ended up doing since he said "my cervix looked closed." On November 29, 2010 I went into the hospital to talk with the maternal fetal specialist who apologized on behalf on herself and the other high risk ob/gyn for after the premature delivery, the ultrasound pictures showed that my cervix was, in fact, effacing and beginning to dilate. She said that she is sorry that they did nothing about it, and did not catch this cervical dilation sooner. I was wondering if I could pursue a lawsuit because of this fact, and for the unethiclal treatment of my baby once she was born(the fact that the nurses would not turn the infant warmer on while Hannah was dying). Please contact me regarding this case as I which to set a precedent with the outcome of this case so that this blatant negligence should never happen to anyone, and the fact of no pallative care of Hannah should also be examined.
Eldon
 
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Medical Ethics/ Obstetrical Malpractice

Postby Abhayananda » Tue Oct 18, 2016 4:34 am

Samantha,

I am sorry to hear about your daughter's death.

In most states you have a cause of action for the wrongful death of your daughter.  It would be grounded in the underlying medical malpractice from the failure to properly diagnose and treat your dilated cervix.

Your daughter's lack of palliative care case would depend on your location.  Limited states allow for claims of the deceased for pain and suffering while most states do not. If your state does not allow for pain and suffering for a deceased individual, you can still file a complaint with the Board of Medical Examiners for the withholding of palliative care.  This is more of an ethical complaint but you are absolutely correct that your daughter was entitled to proper palliative care.

Please feel free to contact me via phone at(800) 883-8888 if you wish to discuss this matter in more detail.

Very truly yours,

Paul D. Friedman, M.A., Ph.D., J.D.
Abhayananda
 
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