Legal Question in Medical Malpractice in New Mexico

I gave birth to my son October of last year. My delivery resulted in a c section. Immediately afterwards, I experienced severe incontinence. I brought this issue up to my OB several times and told him I did not believe it was 'stress incontinence' due to the severity of my condition. It was not discovered until 6 weeks later that I had an obstetric fistula. By this time it was too late for the fistula to heal on it's own, I would require surgery to repair it. I met with a doctor out of state who informed me in his experience, fistulas have only been caused by gynecological surgery. Also, that the doctor who performed my surgery should have caught the fistula during the c-section. In addition to my fistula, my cervix was also 1/4 of the way damaged and my Fallopian tubes were pushed out of place from scar tissue caused by the c section. I have since had surgery which repaired my fistula, cervix and repositioned my Fallopian tubes. I have dealt with the issue of incontinence for only four months but it has been a very traumatic and very stressful for me and my family. Although it is not certain how my fistula was caused, do I still have a case due to the fact that this should have been caught right away and wasn't? Also, My husband thinks that the fact that I suffered with this for 4 months and not longer may mean I do not have as strong of a case. As I said before this experience was very traumatic for me and I will continue to be affected by it. I have scars all over my stomach from the surgery that will constantly remind me of what I've been through. Thanks for your help.


Asked on 2/27/12, 8:18 pm

1 Answer from Attorneys

John Watson John Watson, Attorney at Law

Look in the yellow pages and go visit a lawyer who practices medical malpractice law. This field of law has some very specific rules about how to address possible medical malpractice. In addition to physical injury there is also a pain and suffering injury. Quite possibly those are compensable item and a malpractice attorney can get you on the right track.

Hope this helps.

Law Guru

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Answered on 5/03/12, 5:41 pm


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