Legal Question in Medical Malpractice in Pennsylvania

Hospital Mistake

My friend and his wife had a baby and told the receiving nurse they wanted to collect the cord blood from the placenta. The first part of the procedure was done by taking samples of the mother's blood but they neglected to collect the baby's now is blood is gone forever. Should they seek damages against the hospital? The receiving nurse failed to tell the others on duty. Thank you for your evaluation.


Asked on 8/07/06, 6:28 pm

1 Answer from Attorneys

Arthur Newmark Arthur Newmark, M.D.. Esq

Re: Hospital Mistake

You have described the first part of a medical malpractice case, negligence (carelessnes).

In order to file suit, one must prove damages.

If your friends could put a dollar value on the lost cord blood, there might be a malpractice suit. Personally, I would not take this case, as I believe the value of the lost opportunity is too speculative to present to a jury, however, another attorney may feel differently.

Your friend must have had A reason for wanting the cord blood, and therefore they ay be in a better position to explain to an attorney was they lost by virtue of losing this opportunity.

If your friends is considering a suit, he should act as soon as possible.

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Answered on 8/07/06, 6:43 pm


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