Personal Injury Law
Personal Injury Law Question? Ask Personal Injury Lawyers.
I'm Lucy, and I'd be happy to answer your questions today. I'm very sorry to hear that this happen, and I hope your child is OK.
Medical malpractice cases are tricky, because you have to be able to show that what happened to you was the type of treatment that falls below the standard of care that a doctor in your area of similar education, training, and experience should have provided. You went to the hospital and were sent home repeatedly, which suggests that the practice of sending someone home in your condition may be pretty standard. What you'd need is to find another OB/GYN or emergency room doctor who could testify that they did not do the right thing.
The other problem you have is proving damages. Lawsuits have two parts: Part 1 is, did the party do something wrong? Part 2 is, was the person filing the lawsuit damaged? There's no question that you were in pain for several hours, but would that pain have been the same if you'd stayed in the hospital? Did you incur any additional expenses as a result of them sending you home? (Taking into account what you'd have paid if you stayed). Did your baby need additional treatment or care that wouldn't have been needed had you been able to give birth in the hospital? Pain and suffering only comes into play once you can establish that you suffered financial harm from the incident, and it's not clear from your question whether that's the case. Based ONLY on what you've said above, it doesn't sound like you would be able to prove damages and recover, but I realize that you may have more information not listed.