What to do if during my pregnancy I was treated by a midwife group that failed to diagnose my baby’s breech position until I was 38.5 weeks?

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What to do if during my pregnancy I was treated by a midwife group that failed to diagnose my baby’s breech position until I was 38.5 weeks?

Also, they didn’t treat me at the hospital before or after my C-section even though midwives from their group attend to PT’s in similar circumstances. Instead I was seen by another midwife from a different practice in the same hospital. They didn’t even bother to call for an ante partum care or set up a follow visit before I left the hospital. When I called them, I was rudely told by their receiption team that I was supposed to call them and tell them I had delivered. But one of their midwives set up my csection appointment while I was in the hospital having my u/s. Is this PT abandonment or neglect?

Asked on December 12, 2012 under Malpractice Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The key issue is: were you or your baby injured in some significant way, or incurred significant out-of-pocket (not paid by insurance, Medicaid or Medicare, etc.) medical costs which you would not have incurred otherwise? The reason is, even if the care was substandard or negligent, so that you might have a legal claim, you can only recover an amount commensurate with actual injuries or costs caused by the alleged negligence. Therefore, if--hopefully--you and your baby are fine, and you incurred relatively few additional costs, there is no point in suing--suing will cost you far more than you can recover (medical malpractice lawsuits are among the most expensive to bring).

If there were significant injuries or costs, then it would be worthwhile to consult with a medical malpractice attorney, to evaluate the strength of your claim as well as what it might be worth.


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