Do I have a case for being sent home after amorphine injection and then giving birth at home?

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Do I have a case for being sent home after amorphine injection and then giving birth at home?

I had contractions and went straight to the hospital.. Although I had dilated I was advised to go home since I was in the early stages of labor. I was given morphine injection and was sent home. 4 hours later I gave birth at home. Mortified I went back to the hospital and overheard that I should have been monitored instead of sent home. Do I have a case?

Asked on December 7, 2011 under Malpractice Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The critical issue is whether you or your baby were harmed (hopefully not). That is because the legal system does not provide compensation for possible or theoretical harm, but only for actual injury, losses, or costs (such as increased medical costs). If you or your baby were harmed by this, or if you injured signficant additional medical costs as a result, it would be worthwhile to speak with a malpractice attorney to evaluate the strength and value of your case. But without significant injury, then even if what the hospital did was malpractice, or bad medical practice, there's no point in suing--you'd spend far more on the case then you would receive if you won.

 


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