Legal Question in Medical Malpractice in California

Can this be considered medical mal-practice?

In 1996, I had a premature baby. I went into Sharp Mary Birch Medical Hospital in SD, CA. I was 3 months early. I was spotting. I was in pain. When I arrived at the hospital the nurses examined me. I was given some sort of drug. My genitalia swelled to the size of my open hand. One nurse said it was normal and happened to all women who were delivering. Others who came in and saw what happened were surprised. One nurse said I was dialating and one nurse said I was not. The doctor was a woman and she came in and said I was dialating. My mother is a midwife and she said I was not. The doctor told me she wanted to give me an amnio test and stick a needle through my belly. I did not want it, my mother did not want me to get it either. The doctor told me that I would be responsible for killing my baby if it had a disease. I caved in and let her do it. My mother was so upset that the doctor said that to me that she took me out of that hospital and took me to Long Beach memorial where the doctors helped me and I did not deliver. I was sent home for bedrest. I did not know that the test the doctor in San Diego did punctured my water and had been leaking. one month later my water broke. I delivered two months early.


Asked on 1/11/00, 11:43 am

1 Answer from Attorneys
John Hayes The John Hayes Law Offices

Re: Can this be considered medical mal-practice?

Were there any serious complications with the baby that were caused by the premature delivery? Did the doctor determine that the puncture caused you to deliver prematurely or did they determine that your baby would have been premature regardless since you were already having problems with keeping the baby full term? Medical malpractice is very hard to prove in a trial. You first have to prove that the Doctor was negligent in her treatment. You then have to show that her negligence caused you harm. And after all that you have to prove how much that harm is worth. Another problem is in order to have any possibility of settling out of court the doctor has to admit that she was negligent. They almost never do. Therefore, not only is it hard to prove malpractice it is a lengthy and costly process because almost all cases go to court and you don't know if you are going to win. If you and your doctor feel that this doctor in San Diego committed malpractice and caused harm to you and/or your baby. Your doctor would have to be willing to testify that the other doctor committed malpractice. I would be happy to speak with you regarding your case and inform you of what I think would happen at trial. I can be reached toll free at 877-546-9918 or by email at [email protected]. Additionally, you stated that this happened in 1996. There are certain time limits that you have to file lawsuits by or you lose your right to. I would have to speak with you in order to determine whether or not you can even sue her if you have a case.

Sincerely,

John Hayes

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Answered on 1/18/00, 6:13 pm


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