Do I have a legal case if my OBGYN failed it take action and she knew something was wrong so my baby died as a result?

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Do I have a legal case if my OBGYN failed it take action and she knew something was wrong so my baby died as a result?

I was 16 weeks pregnant.

Asked on February 14, 2015 under Malpractice Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If the doctor knew there was a problem and did not take action, you *may* have a case: the issue is, was it reasonable, under current accepted medical standards or practice, to not take action? If there is a problem, but the chance of a bad outcome is slight, then it may be reasonable to not do any medical procedures, since all medical procedures have a risk--there are times it's better to take a small chance from the medical problem than a larger one from the procedure. Or if there was nothing that could be done, it would be reasonable to not try. So to answer your question, you need a medical opinion, such as from another OB/GYN, as to what could have been done, the risks posed by the problem or condition, the risks posed by the possible procedure(s), etc--then you (possibly with a lawyer's help) can evaluate whether there is a case, and also what that case may be worth economically.


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