Legal Question in Medical Malpractice in New York
Broken tailbone, bad episiotomy and cracked clavical bone all in one delivery
My son was delived with the use of suctioning & I was told the next day that his clavical bone was fractured during delivery. My OB also left surgical guaze inside of me after childbirth & dismissed my complaints as to why I was having difficuly walking & sitting. I went to another Dr. who discovered that I was suffering from a cracked tailbone & major scar tissue from my episiotomy. The scar tissue has made it impossible to be intimate & I have had to have surgery to correct it. 21 months later, I still have tailbone pain & have been referred to an orthopedic surgeon. Since I am small framed, I believe my son was too big to pass through my birth canal. I think perhaps I should have had a c-section. I applied for disability insurance prior to my son's birth and was approved with no exclusions. When the rates came back higher than I expected, I reapplied with another company after child birth and now have every exclusion possible, related to my injuries, listed on my policy. I was told by an attorney that he doesn't think I have a strong enough case. How is it that my previous OB can make such poor mistakes and not be held accountable for them?
2 Answers from Attorneys
Re: Broken tailbone, bad episiotomy and cracked clavical bone all in one deliver
I receivded your post on 11-5-2001
Unfortunately, what he means is that, as a business decision, the amount of money needed to fund such a case by the lawyer, and the potential fee earned, will not be enough to warrant the maybe hundred or so hours, at a mimimun in a malpractice case, to make it worth it.
Unfortunately, lawyers like him and myself are in business to also earn a living...it's not that you were not injured, but the system works against justice being proffered.
RRG
Re: Broken tailbone, bad episiotomy and cracked clavical bone all in one deliver
I agree with the previous poster.
Unfortunately, the costs involved in malpractice cases make it very difficult to find an attorney unless there have been very substantial money damages. For example, here in New York, attorneys are required to certify that they have consulted with a physician before bringing a case. The costs of having a case evaluated by a physician and the costs of retaining an expert physician witness (which is also required to try a case) can be enormous. Unlike many lawyers, the doctors do not work on a contingency basis. Also, the doctors have been sucessful in lobbying the legislature to pass a statute that limits the percentage of an award in a malpractice case that an attorney can charge to less than the 1/3 that is charged in most personal injury cases.
I do occasionally accept a malpractice case when the expected money damages are not as high as I would wish because I am particularly troubled by the acts of the physician. If you wish to discuss the specifics of your case, please feel free to contact me.
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