Legal Question in Medical Malpractice in California

Premature Baby Born at 23 weeks

I would like to know if I have a case against the hospital where I delivered my baby. She was born at 23 weeks. The hospital failed to take the proper steps and take her to NICU where she could be intubated instead they just let her try and breath on her own with no help at all and let die one hour later. I have read up on premature babies and know that they can not suck, swallow, or breath on thier own at this age and need to be taken to NICU within minutes after birth and this did not happen.


Asked on 10/26/06, 7:36 pm

2 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Premature Baby Born at 23 weeks

I'm sorry for your loss. I'm no expert on premature birth. Because of time constraints, you should immediately seek out a medical malpractice attorney in your area to review the medical records. Medical malpractice cases are fact-intensive. It depends on the patient's condition, the standard of care in the medical community, etc. Take care!

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Answered on 10/27/06, 6:24 pm
Terry A. Nelson Nelson & Lawless

Re: Premature Baby Born at 23 weeks

Before you can even file such suit, you must have a doctor's expert opinion that there was medical negligence and that it caused the harm. Your belief, or mine, is irrelevant. Go to your OB and begin the process of finding a doctor who will say that, based upon the facts and charts in your case. I will be happy to help you find such doctor if you can't, and will be happy to discuss suit with you if the facts and doctor's opinions justify it. There are time limits, so don't delay.

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Answered on 10/27/06, 6:42 pm


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