Get Legal Help Today
Secured with SHA-256 Encryption
I had my baby 10 weeks early due
to a severe case of preclampsia
and hellp syndrome I had reached
out to my doctor on 2 separate
occasions one via telephone and
the other via email explaining the
symptoms I was experiencing
swollen feet swelling under my
eyes and my urine was a strange
color and all my doctor told me
was she checked my chart an
everything was fine and I should
just take a hot bath use a heating
pad an drink alot more water that
was around the 6 or 7th of January
so when I went to my doctors
appointment on January 12 th and
she took my blood pressure it was
sky high and she took it a couple
more times an it was still sky
high an she mentioned the swelling
around my eyes was a sign of
preclampsia so I had to get an
emergency c section the next day
is there any way I can hold the
doctor responsible and now I
suffer from high blood pressure
Asked on March 28, 2017 under Malpractice Law, North Carolina
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
Medical malpractice is a type of personal injury. In these cases, there are 2 things must be shown: (1) due to another's negligence (2) a person suffered harm as a result. In your case, there is no question that you suffered physical harm, however the issue of negligence may or may not be present. Hifh blood pressure has many causes.
If a doctor in such a case fails to make an accurate diagnosis of a harmful health condition, the issue regarding negligence is whether the doctor breached the applicable "medical standard of care" under the circumstances. Essentially, would a doctor with similar training in the same medical community have identified the problem?
So while you may have a claim, proving medical negligence can be a complicated matter. This is why you should consult with a local injury attorney as to your case. As a general rule, such a meeting is free.
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
Medical malpractice is negligence. Negligence is the failure to exercise due care (that degree of care that a reasonable medical practitioner in the community would have exercised under the same or similar circumstances to prevent foreseeable harm).
High blood pressure can be caused by many factors. It would be difficult to prove that the doctor's actions resulted in high blood pressure.
However, it would be advisable to have your medical records reviewed by another ob-gyn, and if that doctor writes a report supporting a malpractice claim, then you would want to pursue it.
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 AttorneyPages.com 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.