Legal Question in Medical Malpractice in Massachusetts

I am currently 27 weeks pregnant with my first child. Since I was 18, about two years now, I have had recurrent Bartholin Gland Cyst Abcesses (a total of about 14 in the past two years), all of which were treated with a lancing, anti-biotics, and pain medication. I pointed out a forming cyst to my OBGYN during my second month of pregnancy, as I have been through the ordeal of the treatment for this many times and know like the back of my hand when I am getting one. He told me that it wasn't big enough for him to treat and doing so would be harmful to my baby. I kept bringing it up at almost every appointment after that, telling him that it was hurting me and was very uncomfortable to sit or walk, and asking him to please treat the cyst that I was very sure was infected. Still, despite my pleading, he would do nothing. On July 23, 2009, I went to the ER with severe, immobilizing pain due to the cyst and was admitted right away. The doctor I saw not only preformed the procedure (and assured me such a procedure posed little to no risk to my child), but also commented that based of the pressure of the pus drained from the cyst, that it was probably infected for some time and must have been extremely painful. This is a fact I had been trying to relay to my OBGYN for months! Is my OBGYN liable for undue pain and suffering because he lied to me about my possible treatment options, causing me to be in pain for months and virtually ruining the experience of my first pregnancy? Any feedback would be much appreciated!

Asked on 8/07/09, 12:51 pm

Gregory Lee Gregory P. Lee, Attorney at Law

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You should consult with a medical malpractice expert. You should be aware that the cost of pursuing the case may well exceed the likely pay-out.

Answered on 8/13/09, 6:05 am

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