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Possible legal advice?


mookie3127
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i'll start from the beginning......here's part 1.

on june 7th, 2006, my wife went to see an ob/gyn since she was 5 months pregnant. she didn't see her regular doctor since it was just a routine checkup, but did see the only female doctor at the clinic. she complained to the doctor about severe back pain and more bleeding than normal....she was having "spot" bleeding which they said was normal, but for the last couple of days, she claimed that it was a little more, but didn't think it was enough to cause concern. well the doctor said that the back pain and bleeding was normal at 5 months, pointed her to the check out window, and went to the next patient. well the very next day my wife and i were at the hospital where she gave birth to our son 4 months prematurely who later passed away an hour and a half later. my wife ended up suffering a severe abruption of her placenta and needed an emergency blood transfusion due to the amount of blood that was lost so suddenly. this doctor is no longer with the clinic for some reason and i happen to work in the i.t. department for the same clinic...i have since 2003. needless to say, i was VERY upset with this doctor at the time. i just couldn't comprehend not taking 5 minutes to slap on a rubber glove, slide a finger in where the sun don't shine, and say "hmmm......the baby' head is a lot lower than it should be" or "hmmm.....you're in the early stages of labor"

part 2.

my older sister just moved back o north georgia a couple of months ago and got a job in medical records for the same clinic i've mentioned. well she told me about 3 or 4 days ago that she has had multiple requests to pull patient records of patients of this same female doctor for attorney's offices. thankfully she didn't mention what attorney's or any of the patient names due to the whole OSHA and HIPPA standards.

so my question is, "is it worth looking into with an attorney or would i be wasting my time?" my wife isn't very interested in the whole idea of legal action due to potential costs, drama, etc. this female doctor is trying to open up a new ob/gyn practice of her own and i think the potential of a class action lawsuit is there. i'm not sure what my statute of limitations would be with my circumstances. i've been thinking about calling an attorney just to ask their opinion, but haven't ha a chance to b/c of a hectic month at work.

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Mook,

PM function is down, at least for me. PM HolyMoses when you can and run this by him, or PM me. HM does personal injury (though I don't know if he specifically does med-mal), and I can refer you to people who do as well if he cannot. I know he and I share a high degree of respect for one med-mal lawyer in town.

This is definitely worth looking into, though I have to warn you that the cost-benefit ratio for cases like this went down in light of tort reform. Essentially, since wrongful death is a "non-economic" damage (i.e., the life of your child is worth less in the eyes of the law than the cost of lifetime medical care had the baby lived), the vast majority of your recovery may be capped. Sad, but true.

Anyway, I definitely would review it further. Med-mal is a highly specialized field, and it is very difficult to nail down medical negligence, in large part because you and I don't know the prevailing standards, and what seems like negligence might not be, and what seems normal might be rank negligence. It's worth a look if only to give you peace of mind.

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definitely not looking to get rich quick off of something like this. it just bugged the **** out of me that a doctor could just say she was normal and then go on to the next patient. i have no clue what i would even consider if i were to pursue it. a little red flag went off in my head when my sister told me about the several attorney's offices requesting patient records. i'm kind of with my wife in not wanting to mess with all the drama and legal fees, but another part of me is curious just to see what an attorney would have to say.

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JDaveG (12/12/2007)
Mook,

PM function is down, at least for me. PM HolyMoses when you can and run this by him, or PM me. HM does personal injury (though I don't know if he specifically does med-mal), and I can refer you to people who do as well if he cannot. I know he and I share a high degree of respect for one med-mal lawyer in town.

This is definitely worth looking into, though I have to warn you that the cost-benefit ratio for cases like this went down in light of tort reform. Essentially, since wrongful death is a "non-economic" damage (i.e., the life of your child is worth less in the eyes of the law than the cost of lifetime medical care had the baby lived), the vast majority of your recovery may be capped. Sad, but true.

Anyway, I definitely would review it further. Med-mal is a highly specialized field, and it is very difficult to nail down medical negligence, in large part because you and I don't know the prevailing standards, and what seems like negligence might not be, and what seems normal might be rank negligence. It's worth a look if only to give you peace of mind.

TWO YEAR statute of limitations from the date of injury and you MUST have an affidavit from an obgyn asserting that the doctor's conduct arose to a level of professional negligence.

If you are CONSIDERING legal action, it is IMPERATIVE that you contact a lawyer ASAP. I'm with JDave, contact one of us and we can give you the name and number of an attorney who specializes in this area. (I don't.)

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