Is this medical negligence or malpractice?

Posted by 70sfamily | 12:19:00 PM


I had a C-section in August, and my doctor, knowing my son was a large baby, decided to make me wait 40 weeks.
I explained to him I was sure that I had had a menstrual period while pregnant but he did nothing about it.
He, while delivering, made a quick cut that is a 45 degree angle down towards my left hip and I have serious pain that will not go away.
His office played it off as nothing to be concerned about, but it affects daily life completely.
I cannot life my toddler, to hold, to put in the car or shopping cart. I can't sit for long periods of time, it hurts to strain, have a bowel movement and have intercourse.
I'm so disgusted and I went to another OB for a second opinion and he, convinced of nerve damage, sent me to a general surgeon, who in turn ruled our herniation or adhesion.
I did a standing sonogram and it came back negative for hernia as well and the neurologist I saw is saying I can do one of three things; 1. take steroid injections which mask the pain but I could make things worse because I can't feel the limitations anymore; 2. Sever the nerve which would leave a "dead spot" which they can't control the size but it could be the whole left side of my groin or 3. be in constant pain indefinitely.
My OB never saw me once with either pregnancies until in the OR, and I have several special circumstances, like a history of broken pelvis and back, and he still never personally met with me. His mid-wife did the entire time but she wasn't present for delivery either time. Also, when I explained that my specialist said my son was four weeks too big and I was in horrible discomfort, he refused to listen to me about having one period with both my kids and now I'm dealing with this pain.
Is this medical negligence or malpractice?
He knew the baby was very large, he knew about my medical history and yet he did nothing to prepare either me or my child to avoid any possible complications.
This man didn't even finish my section, he pulled out my son, which was awful in itself, they pressed down on me very hard, several times to where I couldn't breathe. Once my son was out he handed the baby to the nurses, not saying anything to me, left and let two junior residents finish me without my consent or his supervision.
This was supposed to be a happy occasion and special and instead I was treated like I didn't matter and it was a total "fast food" experience.
What can I do???

justbeingher
You need to retain an attorney to make this kind of decision and protect your rights. Malpractice and negligence both have to be proven. Therefore an attorney is the best one to review the facts to see what case can be built off the evidence. But be prepared to be dealing with this for up to 2 years. These things take a lot of time, and I'm not sure, if like personal injury, an atty takes a case like this on contingency or if you have to pay a retainer up front.

Either way - you need a legal professional to educate you and act on your behalf.

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