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?

UPDATED: Feb 14, 2015

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 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.

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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