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My wife and I just had our first child and the doctor told…

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My wife and I just...
My wife and I just had our first child and the doctor told her she needed a c-section but it was the doctor on call. After 2 days in the hospital we were released but as soon as we got home my wife started bleeding from her c-section. We then went to the E.R and they told us everything looked great! Later that evening she started bleeding so we returned to the E.R and they acted as though we were delusional and sent us on our way again. We got back home and everything was great until she started bleeding again so we went back with bloody pads and towels so they put a negative pressure wound vacuum on her but this did not help as we had to return again the next day! This time they took about 1/4 inch of stitches out and told me I need to change the gauze and pack more in daily. So we returned home and the stitches started pulling out and about a 5" section opened up so we were sent to wound care where they opened the rest of the wound up and said just pack it everyday with gauze until insurance either approves or denies your claim and if it's denied you will have to pack it with gauze for at least 6 weeks so I have been doing that. Today she was approved by insurance but we have to pay 20 dollars a day for another wound vacuum. My wife also had a doctor phone consultation today with her ob and he said it was most likely a weak closure so my question is what are my rights? I don't want to be on the hook for someone else's mistake especially with all of our doctor and E.R visits! Thanks for the help
Submitted: 8 months ago.Category: Legal
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Answered in 48 minutes by:
7/28/2017
Lawyer: Legal Eagle, Lawyer replied 8 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 10,210
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, eligible to practice in front of state and federal court, who is ready to help. I have a nearly 100% satisfaction rating (click here to see my ratings information) so all that means is that you can count on me to help today. This to me sounds like a classic case of negligence. Negligence simply means that there was a duty that the other party owed and they breached that duty in some way. What is most important is that it is proven that the defendant breached their duty of care because that is what mostly determines whether there is a cause of action. Basically, the question is, “Did the defendant’s actions fall below the standard of care for a reasonable person in a similar situation?” If the answer to that question is yes, then there is negligence and you are entitled to damages. Damages can be difficult to calculate, but if you click here you can use a calculator help you understand. In your case, it is possible that a court would find in your wife's favor because of the negligence based on medical malpractice.

I believe that you should find a lawyer. One of the hardest things to do sometimes is find a lawyer that you can trust. Google searches are a good place to start, but usually the lawyers who pay the most can get bumped up to be on the first page regardless of their quality. One thing I recommend is going through your state’s lawyer referral service (LRS). The LRS in each state typically requires the attorney to have several years of practice, be free of discipline, and have adequate staffing to assist people. Here is the link for the Oklahoma LRS - click here.

Follow up questions are free, so please feel free to ask away. You can also click here in the future to request me individually. If you don’t have any additional questions, were you satisfied with my service today?

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Customer reply replied 8 months ago
Another question we have is this: with the ER visits, wound care, doctor visits (we were at or in the hospital every day 8 days of the first 11 days of our son's life). Our medical bills are piling up and I want to know if it is reasonable to tell them we are not paying for things that resulted from poor health care or if we should pay them while seeking possible legal action. My wife is against a lawsuit fearing that it could result in more ineffective care or stigmatize our name in the local medical community. I'm not sure that is the direction we are headed, but I'd like to be able to at least threaten it to see if anything changes. Our OB has been wonderful, but the others who were directly responsible for my wife's care during labor, delivery and postpartum care have left me with a bad taste. Any advice you can give toward the payment or non-payment of the bills that will soon be coming would be much appreciated! Thank you.
Lawyer: Legal Eagle, Lawyer replied 8 months ago

I can certainly understand. During times like this, often times people may end up waiting to pay their bills. Keep in mind that the medical staff doesn't always know what's going on on the business side. Therefore, you may owe the doctor or medical facility thousands of dollars, but the docs and nurses may not know anything that is going on. You should speak with a lawyer experienced in medical malpractice who can request with the doctor’s offices to hold off on collecting payment until the matter is settled.

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Customer reply replied 8 months ago
in order to not pay, I should go ahead and speak with a local lawyer to determine a course of action? If we decide to proceed, he/she would contact the doctors and hospital for us? If after speaking with a lawyer they recommend something we are not comfortable with, we can drop that and then make payment plans ? OR we begin proceedings and change our minds, we can then pay? Would we also owe the lawyer or would that fee be a part of the lawsuit if we win?
Lawyer: Legal Eagle, Lawyer replied 8 months ago

I'm so sorry for the delay. Major hold ups today. One moment...

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Lawyer: Legal Eagle, Lawyer replied 8 months ago

Ok, so my recommendation is to speak with a lawyer first before making any payments. This way, they can work on your behalf if necessary, including contacting the doctors and hospital. If they recommend a course of action with which you do not agree, you can drop them and make payments all you want. You can fire the lawyer at any time. Most lawyers take these cases on contingency meaning they only get paid if you recover something.

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Lawyer: Legal Eagle, Lawyer replied 8 months ago
ello, it’s been awhile since we connected so I wanted to check in with you to see if you had any further questions or if there is anything else I can assist you with today. Please reply here and let me know. Thank you.
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