Legal Question in Legal Malpractice in California

Miscarriage...

I delivered an eighteen week old baby after the hospital told me it was spontaneous abortion. I had to sign for a birth certificate because when i gave birth, my baby had a heartbeat.

Can I take legal action if i feel they did not do anything to help my baby?


Asked on 11/19/08, 3:08 pm

2 Answers from Attorneys

Daniel Bakondi The Law Office of Daniel Bakondi

Re: Miscarriage...

I am very sorry for your loss. The questions is, did the doctors do something wrong? Did the doctors not try to help? Whether they did something wrong or not can likely be answered best by doctors and medical experts. If you have specific facts or evidence that says why they did not do what they should have, please let me know and I will try to help you.

Best,

Daniel Bakondi

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Answered on 11/19/08, 5:30 pm
Terry A. Nelson Nelson & Lawless

Re: Miscarriage...

There was likely nothing they could do at 18 weeks, and that's what they should have told you. Under those conditions, there is nothing they 'should' be doing except making the baby comfortable until death. Viability is still no earlier than 20 weeks minimum. At that age the baby will likely be permanently severely handicapped, even with 'extraordinary' neonatal measures that cost many thousands of dollars per day, for many months, to keep the baby 'alive'. Even at 24 weeks delivery there is usually substantial damage and extraordinary measures required. Keep in mind, the spontaneous abortion occurs general 'because' the baby is not healthy or viable.

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Answered on 11/19/08, 6:48 pm


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