CanI sue an OBGYN for leaving something inside me after a C-section?

UPDATED: Sep 10, 2011

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CanI sue an OBGYN for leaving something inside me after a C-section?

I have been in pain for about 6 years and no one could tell me why. Well I just had an MRI done this past week and found out that I have something medal inside me where it should not be. Should I speak with a medical malpractice attorney? In Bedford County, TN.

Asked on September 10, 2011 under Malpractice Law, Tennessee


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

Answered 11 years ago | Contributor

It would be advisable to speak with a medical malpractice attorney.  Medical malpractice is based on negligence.  Negligence is the failure to exercise due care (that degree of care in this case that a reasonable OBGYN in the community would have exercised under the same or similar circumstances to prevent foreseeable harm).  The current MRI report  will  provide evidence of the negligence of the OBGYN.   Prior to filing  a lawsuit, it may be possible to settle the case with the insurance carriers for the doctor and the hospital where you had the C-section.  If you have surgery to have the metallic object removed, you should obtain the medical bills, medical reports, and documentation of any wage loss.  You  should also include medical bills in the past for determining the cause of your pain if it is possible to document this.  Compensation for medical bills is straight reimbursement.  Compensation for wage loss is straight reimbursement.  The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering.  Compensation for pain and suffering is an amount in addition to the medical bills.  It would be advisable to have the surgery to remove the metallic object before trying to settle the case in order to have the total medical bills, total wage loss and the medical reports documenting the surgery in addition to the MRI report.  If you are dissatisfied with settlement offers from the insurance carriers for the doctor and/or hospital, reject the settlement offers and file your lawsuit for negligence against the party or parties with whom the case has not been settled.  If the case is settled with all parties, NO lawsuit is filed.  If the case is NOT settled with a party, that party would be named as a defendant in your lawsuit for negligence.  You will need to file your lawsuit for negligence 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 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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