Legal Question in Medical Malpractice in New Jersey

Infection after c-section

I was sent home on iv antibiotics after what they thought was a blood infection, They knew thare was fluid in my uterus which I wasnt given a cat scan before leaving to recheck. I ended up a week later in the hospital with a uterine infection in which my parents were told I was close to death due to large and small abcesses and my intestines inflamed, I was sent to a university hospital due to possibly needing my uterus removed, Thankfully that wasnt done, is this malpratice?


Asked on 9/25/06, 8:59 am

1 Answer from Attorneys

Joseph Grassi Barry, Corrado, Grassi & Gibson, PC

Re: Infection after c-section

The answer to your question, Is this Malpractice is not an easy one to answer, particularly for a lawyer. Malpractice does not equate to a bad result. If you suffered a complication, ie infection, which was expected in even a small percentage of cases, and you agreed to accept that risk, you will have no case against the ob/gyn.

I understand you are more concerned with the follow-up. In order to evaluate whether this consituted malpractice, a number of questions must be addressed.

The first is whether the standard of care for evaluating a patient with your complaints was to administer a ct-scan or ultrasound. If not, and the intial treatment met the standard of care, then there is little chance of a succesful case.

The second is to consider whether even if the diagnosis was mistaken, blood infection versus uterine infection, you recieved the appropriate anti-biotic treatment. If you received the same treatment that you should have for the uterine infection, you won't have a case.

Finally, if those questions both point to a breach in the standard of care, the question will be what are your damages. If you have made a full and complete recovery with no residuals, even though you have a case, it won't be economically feasible to take.

Evaluating a medical malpractice case is expensive. It can't be done over the internet.

Frankly, they have become so expensive to evaluate and pursue that I no longer do them. If you contact me I will be happy to refer you to the best malpractice attorney in your local area. I'm on the board of governors of the American Trial Lawyers of America - New Jersey, and am well acquainted with the best lawyers statewide.

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Answered on 9/25/06, 10:44 am


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