Can I file a lawsuit against my doctor for leaving some after birth in me?

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Can I file a lawsuit against my doctor for leaving some after birth in me?

I just recently had a baby and about nine
days after having my baby I find myself
going to the hospital. I was bleeding so
heavy to the point where I had to change
myself every two minutes. And the pain
was so bad where it didn’t matter what I
took it didn’t help. Come to find out
after being in the emergency room forever
I was told some after birth was left in
me. It also cause me to have an infection
and I had to get a DNC to clean out what
was left in me.

Asked on October 21, 2017 under Malpractice Law, Tennessee

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Medical malpractice is negligence. Negligence is the failure to exercise due care (that degree of care that a reasonable medical practitioner in the community would have exercised under the same or similar circumstances to prevent foreseeable harm).
Prior to filing a lawsuit for negligence against the doctor, it may be possible to settle the case with his/her malpractice insurance carrier. Your claim filed with the malpractice insurance carrier should include your medical bills, medical reports and documentation of wage loss.
Compensation for the medical bills is straight reimbursement. The medical reports document your medical condition and are used to determine compensation for pain and suffering which is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement.
If the case is settled with the malpractice insurance carrier,  NO lawsuit is filed.
If you are dissatisfied with the settlement offers from the malpractice insurance carrier, reject them and file a lawsuit for negligence against the doctor. 
If the case is NOT settled, your lawsuit for negligence against the doctor must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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