Legal Question in Medical Malpractice in Florida

preterm labor and medical malpractice

I was 17 weeks pregnant and went into the emergency room because I was having light bleeding and stomach cramps, the doctor told me I had a urinary tract infection (and the baby was healthy and fine) and sent me home although my husband told him and the nurse that I was still in pretty bad stomach pain. My husband asked the doctor why I was bleeding and the doctor said he didn't know, but sent me home and told me to take some tylenol and call my doctor when they opened that morning. An hour after I left the emergency room I gave birth to our son in our bathroom at home. I feel that there was more that they could have done, even if the doctor couldn't have stopped me from going into labor (which several people have told me that they could have given me a shot or stitched my cervix- but the doctor never picked up the fact that every symptom I had was that I was going into labor) I should have never had to go through labor in my home after only leaving the ER an hour earlier. Any legal advice on whether this is a substanial medical malpractice case would be appreciated.


Asked on 3/26/09, 4:48 pm

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: preterm labor and medical malpractice

You don't say what happened to your baby . . . . which would be significant to any evaluation.

The reoublicans in the florida legislature have passed significant and serious restrictions in suing emergency room physicians. If they are only negligent and unreasonable, they are not liable for harm that they cause (hard to believe, huh?).

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Answered on 3/27/09, 4:42 pm


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