Legal Question in Medical Malpractice in California

Can I sue my delivery doctor if I can't have sex anymore?

I am 16 years old and had a baby 16 months ago. When I was in the delivery room everyone was treating me badly because of my age. I had to get an episiotomy and even though this was done, I still tore all the way through a rectal muscle. Ever since the baby I have not been able to have sex, I recently told my gyno. that I was concerned about this and he told me that the scar from the way I was stitched up is the reason for my pain. He told me that I will need surgery to cut open the scar and re-stitch it, he told me that insurance will not cover this procedure and it is very expensive. Can I sue the delivery doctor for the price of my surgery or is this a common thing?

Asked on 2/24/01, 2:40 pm

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1 Answer from Attorneys

Jeffrey Zinder Zinder & Koch

Re: Can I sue my delivery doctor if I can't have sex anymore?

The fact of the bad result is not enough without another doctor to testify that the manner of the repair was negligent. Ask your current doctor if he/she would testify against the first doctor, and go see a lawyer as you may already have a problem with the statute of limitations.

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Answered on 4/20/01, 10:28 am

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