Can I sue my doctor for leaving part of my placenta in after the delivery of my child?

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Can I sue my doctor for leaving part of my placenta in after the delivery of my child?

It was 3 months ago and I’ve been gushing out blood on and off since. I’m in severe labor-like pain.

Asked on April 4, 2014 under Malpractice Law, Texas

Answers:

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

Answered 7 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, it may be possible to settle the case with the doctor's malpractice insurance carrier.  When you complete your medical treatment ( I assume you are being treated by a different doctor), obtain your medical bills (from both doctors), medical reports and if applicable, documentation of any wage loss.  Your claim filed with the malpractice insurance carrier should include these items.

Compensation for the medical bills 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, which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.

If the case is settled with the  doctor's malpractice insurance carrier, NO lawsuit is filed.  If you are dissatisfied with settlement offers from the  malpractice insurance carrier, reject the settlement offers and file a lawsuit for negligence against the doctor.

If the case is NOT settled with the malpractice insurance carrier, 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.


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