Anonymous
Anonymous asked in Politics & GovernmentLaw & Ethics · 5 months ago

Can I sue my doctor for negligence?

At 7 months pregnant they detected a heart murmur in baby and at 6 months pregnant I was diagnosed with polyhydramnios (excess fluid  where baby is). The day I went into labor the hospital couldn’t find me in their system (doctor is suppose to send any chart - medical history- approximately 2-3 months before my due date. He or the clinic did not do that. They could not find me and thus had no idea of my medical history or babies history. That is very important because it could literally mean life or death for any of you. They need to be aware of any medical complications. They could get in contact my clinic so they administered medicine to me in case I had any std’s ( which I didn’t). After 26 hours of labor I was ready to push and my doctor was running late and asked for us to wait for him. Finally when my son was born the first thing I asked the nurses was about his heart murmur. They asked me “what heart murmur” and got very nervous.I explained to them my baby’s medical condition, they told me since they still hadn’t received my chart from my clinic in 26 hours they had no idea and told me that if they would’ve known about the heart murmur they wouldn’t have had me give birth in that hospital. I’m case of emergency surgery they didn’t have the tools for it. The nurse said she’d asked my doctor and came back and told me he “didn’t remember”.Thank god my baby was okay, but I always think what if he needed emergency heart surgery.Is this considered negligence from my doctor? 

Update:

My doctor basically sent me to the wrong hospital to give birth , I shouldn’t have been there. He saw me 2 weeks before and didn’t tell me anything. Is this not irresponsible? When the nurses asked him if it was true “he didn’t remember.” 

Update 2:

If I can’t sue over the changer he put my baby in , what can I do ? 

Update 3:

My baby was born with a heart murmur but didn’t need the surgery otherwise he would’ve been transported. Now we have a cardiologist. 

9 Answers

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  • 5 months ago
    Favourite answer

    You only have a lawsuit if you or your baby had suffered any actual damages

  • Anonymous
    5 months ago

    Doctors can only access minimal information via computer unless patient gives permission by signing a release of information form.  Did you give consent?  Your baby is fine, isn't that the most important thing?

  • 5 months ago

    You can't sue successfully for malpractice based on what *could* have happened. Only for negligence that causes actual harm.

  • Maxi
    Lv 7
    5 months ago

    You can do as you want, sue anyone for anything and if you wish to waste your time/money go head, but you have no proof to show the court, you have no loss.... and of course whoever you sue could sue you for defamation.so your idea of getting 'easy' money for nothing will fail

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  • 5 months ago

    It is doubtful a lawsuit would award you anything because your son is fine. A civil lawsuit will normally only be awarded compensation for actual damages. Punitive damages are possible but not likely.

  • 5 months ago

    NO, the doctor IS NOT supposed to send SQUAT to the hospital 2 to 3 months in advance. In fact if they did, that would INCREASE the chance it wasn't easily found. Given the timeline you state, the issues wouldn't have been in any file submitted that far ahead anyway, because it wasn't known at that time. Given the details as you claim, if ANYONE was negligent, it was YOU.

    Note: If you were in the hospital in labor for 26 hours and YOU hadn't mentioned anything as important as a known heart murmur, when you KNEW they didn't have that on file, that alone proves you were AT LEAST as negligent as you accuse the doctor of being.

    told me that if they would’ve known about the heart murmur they wouldn’t have had me give birth in that hospital.

    That is a FLAT OUT LIE. In fact, it is the EXACT OPPOSITE of the truth.

  • Tavy
    Lv 7
    5 months ago

    How can you sue for something which did not happen. Your baby is fine. You lay there for a day or so without telling anyone about your condition or the babies. 

    So a hospital did not have the tools for emergency surgery?? Really, what kind of hospital is that?

    Thank God I live in the U.K.

  • 5 months ago

    You say that your baby is healthy so what exactly would you sue for?  Next time you give birth you might think to tell the nurses at the hospital about your issues.  You were there for over 24 hours.  What happened to your voice?

  • D50
    Lv 6
    5 months ago

    It sounds like people were certainly negligent. But a lawsuit for "negligence" must include an element of damages. Since your "baby was okay" it sounds like you were worried but didn't end up with any physical or financial damage beyond what is normal for a birth. So I don't think you've got a successful lawsuit here. 

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