Death of infant daughter during labor.

UPDATED: Sep 30, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 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.

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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