CanI sue if the hospital in which I gave birth to my son forgot about the placenta?

Get Legal Help Today

 Secured with SHA-256 Encryption

CanI sue if the hospital in which I gave birth to my son forgot about the placenta?

It didn’t have me birth the placenta and now they are charging my insurance company for having to do surgery 2 weeks later.

Asked on May 16, 2011 under Malpractice Law, Indiana

Answers:

M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It sounds like you are asking two questions.  Lets take them one at a time.  First, with respect to your birth placenta, I do not think that you have a claim.  Even if there was some kind of obligation to give it to you, no jury in the world is going to award damages due to a failure to give the birth placenta.  In other words, there is no monetary value associated with it, so even if you won you would not win any money.  This does not make for an attractive lawsuit from an attorney's perspective.  Second, with respect to the surgery, it is unclear why you feel wronged by their charging your insurance company for it.  Are you suggesting that the surgery was unnecessary, or a result of their malpractice?  If so, you might have a colorable argument.  However, if you are suggesting that the surgery should have been "free" to make up for their "mistake" regarding the birth placenta then I am afraid that you are out of luck.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption