Legal Question in Medical Malpractice in New York

One month ago I vaginally delivered my son. My water broke at 6 am. I was at the hospital by 7 am where they put me on a low dose of oxytocin to increase they severity of my contractions. They told me if I was not 4 cm dilated by 6 pm I would be looking at a c-section. 6 pm came and I was not dilated 4 cm so they increased my oxytocin and said at 8pm I had to be 4 cm. Again at 8 pm I was not 4 cm dilated yet. So the midwife said I would be getting a c-section but if I wanted to wait until 10 pm I could. At the same time I was given two epidurals to no avail, they didnt work. I was also given an extra dose of strong pain medicine called a "bullet" by the anesthesiologist that numbed my legs for one hour and then wore off. I was told that was all I could be given. At 10 pm the midwife came in and said they would be taking me into the O.R. for a c-section within the hour and the nurses would start to prep me. I was very happy because I was in extreme pain and exhausted from being in labor for over 12 hours with no progression. Right before I was to be taken into the O.R. the midwife came in and said to me " I know this is going to confuse you, but the Dr. does not want to proceed with the C- section, he would like to up the oxytocin and get your contractions stronger to have you do this on your own" Me and my husband were very upset because we had not even gotten to speak with a Dr. the entire time in the hospital and felt very uneasy about the midwife and him being on different pages. I was told that if I still did not progress to 4 cm by midnight I would be getting a c-section. At midnight I was "almost 4 cm" the midwife said. She then told me I had to proceed with vaginal delivery and they would increase my oxytocin more every 30 minutes. I pleaded to let me have a c-section because I was in excruciating pain and could not receive anymore pain medicine. I was told I could not have a c-section. From midnight until 547 am I screamed and pleaded for an intervention. I pushed from 330 until 547. I could not get the baby out and he was in distress, the midwife paged all nurses on the floor to come into the room and paged the Dr. The Dr. never came in. The midwife decided to do an episiotimy because I couldnt push the baby out. Finally she pulled my son out, who was over 9 lbs, (which was the estimated birth weight at my last prenatal visit). The midwife stitched me up and told me that I had a tear at my urethra but she could not stitch it. In the days following I had trouble emptying my bladder, no feeling in my bladder ( no feeling of having to go) and no control. The nurses were measuring my bladder and doing bladder scans and told me that my bladder was not emptying. They put a straight catheter in and my bladder would still not empty. My O.B. came into see me the day I was released and advised me that I should just allow myself time and hopefully I would regain my functions. The nurse advised me at discharge to contact my OBGYN office if my symptoms were not better within a week. I called my OB after a week and advised him I was not better. He asked me to be patient with him and to wait the full 6 weeks to see him, and if it wasnt better he would refer me but there was not anything that could be done about nerve damage. It has now been 4 weeks with nothing getting better. I have made appointments with several specialist for consults, and have spoke with one over the phone who told me that I probably need surgery for incontinence but nerve damage cannot be fixed. Do I have a malpractice suit if my bladder never improves?

Asked on 4/23/13, 3:49 pm

2 Answers from Attorneys

Eric Rothstein Rothstein Law PLLC

Perhaps. Feel free to contact me.

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Answered on 4/23/13, 4:33 pm

Jason Stern Law Offices of Jason Stern

Please contact my office for a free telephone consultation at 212-920-6950.

I look forward to speaking with you.


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Answered on 4/23/13, 7:40 pm

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