Death of infant daughter during labor.

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Death of infant daughter during labor.

My daughter passed away this summer during
birth. We asked for a c-section and the
doctor told us no. Stated we could due
induction. My daughter was still to ‘high’
and her cord came out first and was pinched
and she passed away. Can I sue the physician
even though I also work for the same company?

Asked on October 25, 2016 under Malpractice Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

First, please accept our deepest sympathy for your loss.
Working for the same company as the doctor doesn't mean that you can't sue, though doing so will obviously affect your job.
The issue is, whether it was malpractice. Malpractice is not simply being wrong--the law accepts that doctors and our medical knowledge are not perfect, and sometimes a doctor does the right thing but it does not work. The issue is basically whether the decision or treatment was medically "negligent" or unreasonably careless; or to think of it a different way, did the doctor do what the average reasonable doctor would have done, based on what was known at the time? If the doctor's decision was medically reasonable, it's most likely not malpractice; but if most doctors would have done differently, then it may well be malpractice. 
A good place to start is by talking to other doctors, if you haven't already, or at least doing extensive internet research, to see if this doctor's decision, under what was then known, was reasonable. If it was reasonable, it's probably not worth the emotional and economic cost of a lawsuit. But if it looks like most doctors or medical authorities would have made a different decision, then speak with a medical malpractice attorney.


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