Legal Question in Medical Malpractice in Ohio

Re: The Death of my child

A person can bring an action against a physician if the physician was negligent (fell below the standard of care of good medical practice)and the negligence directly and proximately (greater than fifty percent) caused injuries or death, or caused a loss of chance of survival (less than fifty percent).

In order to determine if there is a cause of action, the medical records regarding the pregnancy and birth have to be obtained and reviewed by a physician competent to render an opinion (an ob-gyn in this case).

If you wish to discuss this further, please contact me at 614-464-4644.

Re: The Death of my child

Having done cases such as this, I'll agree with Melissa Lipchak's assesment. You need a competent physician to render an expert opinion after review of the medical records that the care provided fell below the standard of care (basically the doctor was negligent). In most cases, you will need to go out of the area to get a physician that will render such an opinion, due to local MD's not wanting to testify against their neighbors in practice (what they tell you in care might not be the same thing they say under oath).

This sounds like a very good case, without knowing more or looking at the medical records. Generally, the doctor should have been able to tell urine from amniotic fluid (ie: smell, feel, etc...). Failure to perform any tests, muchless an ultrasound would certainly lend credence to a negligence claim. And the damages suffered by not only you, but by a child that lived 12 hours, likely in great pain, could be immense. Whatever you do, contact an attorney soon to protect your rights and have a probate estate opened to protect the rights of the child which passed. My condolences on your loss. If you'd like to discuss this, I'd be happy to talk to you. (859) 491-5800. Good luck.