Legal Question in Medical Malpractice in Pennsylvania

Doctor absent at birth.......

I HAD A HIGH RISK PREGNANCY THAT ENDED IN INDUCTION 3 WEEKS EARLY. I WAS ON INDUCTION PILLS FOR TWO DAYS WITH VERY LITTLE DOCTORS SUPERVISION. AT 2:30 ON THE SECOND DAY THE DOCTOR ORDERED THAT I BE PUT ON PITOSSIN THROUGH AN IV OVER THE PHONE. I IMMEDIATELY WENT INTO ACTIVE LABOR AND SHE WAS BORN BEFORE THE DOCTOR EVER CAME TO THE HOSPITAL. MY INSURANCE IS THINKING OF DENYING PAYMENT ON THE GROUNDS THAT SHE WAS NOT DELIVERED BY MY PRIMARY CARE DOCTOR OR ANY DOCTOR AT ALL. DO I HAVE ANY LEGAL RECOURSE????


Asked on 4/16/00, 10:03 pm

1 Answer from Attorneys
Richard O'Neill The O'Neill Law Office

Re: Doctor absent at birth.......

In my opinion you probably do. If your insurance fails to pay just because your doctor is not present you should take them to court. Not paying just because your primary care doctor is not present is ridiculous. You cannot choose when the baby shows up.

There is law out there which states that if an insurance company fails to do what is right you can sue them for bad faith, which means they didn't do what they should have. If your insurance company fails to pay, see an attorney right away. They should pay.

Hope this helps.

If you want to call me and discuss this further please feel free to do so. There will be no charge for a consultation.

Sincerely,

Richard E. O'Neill

(610) 635-5555

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Answered on 4/24/00, 10:13 pm


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