Legal Question in Medical Malpractice in Missouri
Labor and Delivery
My son has been diagnosed as Mentally Retarded, the doctor who delivered him keep me in labor for over three days, I questioned him repeatedly and he assured me the baby was okay. Well it is obvious to me now that this was caued by his neglect.
4 Answers from Attorneys
Re: Labor and Delivery
Three days of labor is well outside the norm. You should immediately seek counsel from a firm that handles birth injury cases.
Our firm would be willing to visit with you about your incident. Please feel free to call our office if you have questions.
Re: Labor and Delivery
how old is your son now and where was he delivered?
Re: Labor and Delivery
The fact that you were in labor for three days is quite unusual. In this type of case, all medical records should be collected without delay. We can assist in that. If any problem is apparent from the records, we then submit the evidence to an expert medical malpractice screening service at our own expense. If the standard of care has been breached (meaning negligence has occurred), expert testimony is arranged for the prosecution of the medical malpractice case. Normally,
that is handled by an out-of-town specialist. We are familiar with such
doctors. Consult an experienced medical malpractice attorney. We are
here to help. Rian F. Ankerholz
Re: Labor and Delivery
As you have seen in answers previously posted, everyone with experience in this area agrees that a three day period in labor is a matter of some concern. However, it is not obvious that you will have sucess with a medical malpractice lawsuit. First, much more information is needed. How long ago was your son born? There is a statute of limitations which would prevent you from ever filing a suit unless you do so within two years of the date of negligence (with some exceptions). An attorney would also need
to know the name of the treating physician, the health care facility and the names of any other potential defendants in order to be sure that the attorney did not have any conflicts of interest. Finally, as has already been stated, all medical records would be needed for review by a medical expert to determine in the expert's professional opinion whether the prevailing standard of care was or was not met, in other words, whether anyone was negligent. The expert would also give us an opinion as to whether the negligence caused your son's conidtion. If all of that is true, we would also obtain an expert to develop testimony concerning the valuation of your son's damages, and yours as well. These cases can be very difficult and very expensive to pursue. However, given the limited amount of information you have provided, I would strongly recommend that you make an appointment to consujlt with legal counsel without delay. If you are in the St. Louis area, I would be happy to speak with you, and there would be no charge for the initial consultation. No matter what you decide to do, I wish both you and your son the very best.