I'm wondering if there is a lawsuit not neccessarily for malpractice, but for extreme pain and suffering against an OB/GYN(the only one in town, I had to go to him). I was basically forced to have a c-section delivery on 12/4 because he refused to let me try a v-bac, even though it was only 10 days short of 3 years to the day I had my daughter via emergency c-section and was well aware of the 1/2 a percent of risks I would of had. I was released on 12/7, only to return to the ER that night w/ a hematoma in my incision, and was readmitted for observation, so my poor newborn had to spend his first night at home w/ daddy(who he wasn't really comfortable with) and big sis, but no mom, who is the person who he knows best. Even though I had pain medicines at home, they refused to reissue me the prescribed dosage, so it was a very painful and uncomfortable night in the hospital w/ an IV and some antibiotics, just in case. So 12/8 rolls around, and I get to go home at noon. At which point my feet began swelling way past normal, and since I couldn't get them into shoes and it was painful, I was sent a visiting nurse, who says I have to stay laying down, etc. Which is fine, I understand. But my incision is still seeping enough blood to soak the dressing every 12 hours even with modified bedrest, and a bruise has formed under the skin below the incision(made at the pubic bone) that makes it extremely painful to even clean myself. One of the staples he insisted upon using to close is only in half the incision, so it's gaping and probably going to get infected, I had asked for stitches because I had issues w/ surgical glue and don't trust staples. My iron levels are extremely low. Then I started having chest pains, and could hear my heart beating, and my blood pressure has begun climbing. My pulse rate has dropped to the low forties, and I ended up back in the ER today w/ a throbbing headache, which is more painful that the c-section. My pulse is still low, and I'm in a massive amount of pain, hardly able to care for myself and my newborn, let alone my toddler. Every time they call the OB worried about something, whether it be the visiting nurses or ER doctors, he says he'll see my Wednesday, when I'll have to go to the clinic and sit for hours before they will see me, then I'll have my staples removed, supposedly. I had begged and pleaded to be allowed a VBAC to avoid all these complications, to no avail. Is there even such a type of lawsuit? The man seems to think he can get away w/ treating patients like crap cause we have no choice as to who our provider is until they get another OB or 2 in town.
John
we went through very similar situation. bottom line is if there is no long lasting problems. you have no recourse. even if your in the big city. like we were. you might try small claims court. but i put up a good fight. did all right but your baby will attach to you soon take care
NiCOLE;*♥
Yes. If your having multiple problems, mentally, physically, or even emotionally, BECAUSE someone else, (ESP Dr.'s) you can very much file a lawsuit. In my personal opinion if I were you, I would do it. Your case handlers (lawyers etc.) can get up to 15% if you win the case. Seems like to me that you would have a really good case on your hands. Make sure to keep file of everything you send to the Dr. Keep copies of everything that has to do with any type of injury your suffering (discharge papers, disability slips) - even prescriptions for medicines that you have filled. Also, make sure to take pictures of your wound and maybe even better, if you have a camcorder tell someone to film you in a time when you do have these headaches or when your feeling out of it and not stable to take care of your children. Its a very serious thing, and yes, it can effect you long term so I would be surprised if no one would want to file your case. Try to be patient and cooperative. Good Luck.
bedfordczarina
If you were to sue. it would be for malpractice leading to undue pain/suffering and increased medical bills. His behavior would be compared against the standard level of professional care. Your symptoms following the surgery aren't as important as the judgment call he made in doing the c-section to begin with. My (limited) understanding is that a lot of docs have always been leery about the VBACs, and because insurance companies have started to pay for the c-sections now, they just go for it. Your doctor should have involved you in the decision more, which makes him an insensitive jerk, but not necessarily a quack. Does what you described rise to the level of medical malpractice? It doesn't sound like it, but I'm not an expert. You might try calling your insurance company first. They will be interested to know that the doctor performed a more expensive medical procedure over your objections.
Orignal From: Is there such a lawsuit?
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