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Lucy, Esq.
Lucy, Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 30168
Experience:  JA Mentor
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I had a tragic delivery yesterday morning. Monday morning

Customer Question

I had a tragic delivery yesterday morning. Monday morning while I was in the bed sleep I noticed I was leaking. I got out of bed and went to the bathroom to urinate. As I finished urinating I noticed I passed a blood clot. I immediately went to the ER, they sent me straight to the hospital I'll be delivering at. They monitored me for about 2 hrs. They noticed I was contracting but they we're only about 20 minutes apart. They also checked my cervix which I was already dialated 2cm since last Tuesday of my appointment with my midwife. They sent me back home. They told me that the blood clot was from my cervix thinning out. So I went home. Within 5-6 hrs I noticed leakage again it wasn't a gush it was just leaking. I went to the same ER. They checked to see if I was leaking amniotic fluid which seemed to be negative. Because the nurse that checked me wasn't so sure because of the bloody show I was having since earlier that day. So they checked my cervix also. And sent me home. So when I made it home I was continuing to leak so I was confused and wasn't to sure of what to do because since earlier that day the hospitals had me on the run around. So coming into Tuesday morning around 4 which I had just left the ER 3hrs ago I couldn't sleep because of the pain I was in. When the pain worsened I woke my mom up so she could get me to the hospital I was delivering at. As we were on the way to hospital my contractions were so close that I could push they baby out. My mom stopped at the closest ER as we drove up I was already pushing my baby out. I gave birth to my 3rd born child in the front passenger seat of a mustang. So I don't know what to do about the situation because my brother tells me to find a lawyer to open a case because of the situation of the hospitals giving me the run around when they could've kept me after me explaining my problems to them. So would it be worth my time to open a case between the hospitals?
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  Lucy, Esq. replied 1 year ago.


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.