CanI sue a university hospital for not removing my placenta whenI gave birth?

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CanI sue a university hospital for not removing my placenta whenI gave birth?

I gave birth 2 years ago to a stillborn. After a cyst was found in my ovaries. Every time they did blood work they kept telling my pregnancy hormones were still high so they did an ultrasound and found my placenta was still there. This was 3 months later.  

Asked on October 8, 2011 under Malpractice Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You *might* be able to do this. There are two issues:

1) Was not removing the placenta malpractice, or "bad practice"; that is, is it standard or accepted medical procedure to remove it? If accepted medical procedure is to remove it, then the failure to do so may be malpractice...but if it would be acceptable to leave it (and allow your body to reabsorb it or otherwise dispose of it), then there is likely no malpractice.

2) Even if this was malpractice, unless you actually suffered some injury or loss or cost from it, there's effectively no case. You can only sue for damages, or compensation, commensurate with the amount of injury you suffered or costs you incurred.


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