Legal Question in Medical Malpractice in California

obstetric fistula

I have an obstetric fistula as a result of my last child. Fecal matter is coming through my vagina. All I have read and heard is that it was my doctor's fault for incorrect stitching. I am now required to pay the 20% copay for the surgery to repair this problem. Is that legal? I want to know if they have any responsibility in paying. I will also be off 2 weeks from work after. Are they responsible for paying my salary?


Asked on 11/17/06, 3:06 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: obstetric fistula

Legal? That is not the correct question.

Whether you have a valid medical malpractice claim depends on whether you can get a doctor to give an opinion that the situation was caused by negligence and error. If so, then you have grounds to request they make you 'whole' financially, meaning that you can bring a lawsuit. They are unlikely to do or pay anything without a full release of claims, which you would be foolish to sign without consulting counsel about the case. Feel free to contact me if serious about pursuing this.

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Answered on 11/22/06, 3:32 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: obstetric fistula

Yes you have a medical mal-practice suit. I am sorry to hear of the situation. Certainly it must be rectified medically and legally. Your damages are recoverable, medical expenses and general damages for pain and suffering and lost wages. Call me directly at 16192223504.

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Answered on 11/22/06, 6:46 pm


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