In 2008, I lost a baby due to Non-Immune Hydrops, According to my lawyer the doctor did not breach the Professional Standard of Care for Doctors in the state of Arizona. I know in my heart that the doctor is to blame as she did not even know at 28 weeks I was having a boy. (Not to mention a lot of other facts as well.) I hired a lawyer to process the case. It took 14 months before the doctor would release the sonogram films to my lawyer. After my lawyer received the films the OBGYN the he uses stated the he did not see anywhere that the doctor broke the PSOC. which means we did not have a case.
Now my lawyer is saying that we can sue for the doctor not releasing the films for 14 months, but he believes the most damages that we will receive is $ 4,000. I think I should get a lot more since I have had to endure the loss of my son for over a year, and having to relive his death over and over again, that I am now in therapy and my marriage has become very strained as a result of the stress and pain over the last year of having to fight to get the films.
I am not in it for money as anything we receive will go towards a fund to petition to have the laws changed on medical neglect.
So I guess my question is, can I sue for not releasing my sonogram films for 14 months and if so what damages should or could I be awarded?
I knew at 18 weeks it was a boy so my OBGYN should have know at 18 weeks.
I am paying my lawyer regardless if I win or not.
I could tell you ever reason why I believe the OBGYN is to blame but I don't have enough space.
laughter_every_day
The lack of records did not cause the loss of the son. Your damages would probably be one buck (if anything).
Windy
Is your lawyer charging you any money for this? Are you paying him only if you win?
All you have to do is put in writing a request for your records and the hospital/doctor has to release your records. The lawyer must have tried to go to court to get a court order. If you have no chance to sue over the death of your son, move on and heal. By searching for anything to try and sue over, means the longer it is going to take for you to put it behind you and move on.
Sometimes during a sonogram, you cannot see the sex of the baby. That was already decided. It's over now. What happened was horrible. Take the next step and get another therapist.
Magenta
Non-Immune Hydrops has many causes but non of which can be blamed or attributed to your OBGYN, I know you are looking to blame someone because you are hurting but this is not their fault. I know you likely believe it is their fault because they did not pick in up on the ultrasound but if your lawyer says you do not have a case than you don't. Lawyers are in it for the money they want you to have a case. You likely will not get much for the sonogram not being released and you can't sue for mental anguish on something that you cannot prove was the OBGYN's fault, the mental anguish is due to the loss of the baby not the absence of the sonogram you cannot combine the 2.
Sorry for your loss good luck with your therapy.
Orignal From: Can I sue my OBGYN for not releasing my medical records for a year?
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