Do I have a medical malpractice case?

Posted by 70sfamily | 8:06:00 PM


When I had my daughter in May of 2008, I tore slightly and was repaired. At my 6 wk checkup, the dr touched me and I all but came up off of the table. It hurt REALLY bad! She said that I just still had some healing to do, though my stitches had been gone for a month. So, a couple more months went by and I just couldn't take it anymore, nor could my husband. Sex was excruciating! I scheduled another appt with my dr and she said that I had a flap of skin sticking out and the only way to fix it was by surgery. The only way I know how to describe it is...imagine a zipper...picture one of the prongs (for lack of better word) sticking out and the zipper not going past that point. Everytime something touched it, it pulled it which is what was causing the pain. Oh and to specify, my normal dr wasn't the one that delivered my daughter or sewed me up. She is however, in the same practice as my dr. Obviously, since they are in the same practice, my dr will not say that it was her colleagues fault, though obviously it was. I had to have surgery to correct the problem and almost 9 months after my surgery, I'm still sore after sex. It's not right. Should I pursue my case or do you think I don't have a case? Any help will be great. Thanks! I'm not one to sue but it sucks to not be able to make love to my husband without pain. I also want to have another child. Is this going to happen again? Who knows. I hope not! Makes me worry about having another child vaginally.

Derek B
Freaking Ouch! I am not a law expert or anything but I would say so. Any time a doctor messes up where corrected surgery has to be done and there is still a reoccurring problem or reoccurring pain I would assume you have the grounds to sue. I would definitely pursue your case.

Rick T
I am sorry for your pain. I hope you get it corrected.

As for a malpractice cause of action, you need to be able to prove that the doctor acted in such a manner that he/she knew that what they were doing would have produced such an outcome as yours. Negligence is very hard to prove. Did the doctor fail to treat you in a manner that he/she would have treated other patients under their care? Did the doctor knowingly put the stitches in you in a manner that he could have foreseen such a result? Finally, was it the intention of the doctor for you to have the result you now have?

Medical malpractice cases are very hard to prove. VERY few cases ever make it to the filing stage.

I hope this helps you in finding your answer.

Rodney
I think you should sue. Some procedures were not properly done on you thats why it hurt so bad.

For your legal worry, you should consult a lawyer to evaluate your case. As for your other worry, I believed you already had surgery to correct the previous one. Ask your doctor how many months you should expect to feel pain then give it time to heal.

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