Legal Question in Medical Malpractice in Tennessee

Wrongful Death

I was nearly seven months pregnant when the doctor scheduled a colposcopy. My pap had come back a little abnormal, but nothing major. This was a high risk pregnancy because of heart defects. The day I had the colposcopy, I began to bleed and have back pains. By Sunday, I was in the hospital and 6 cm. On Monday, my daughter was born and lived only 18 hours. I believe that the colposcopy caused this. Do I have a case?


Asked on 9/04/01, 10:00 pm

2 Answers from Attorneys

Marc Reisman Rosenblum & Reisman, P.C.

Re: Wrongful Death

I can tell you that you certainly have a case worth looking into. You need to contact a lawyer who handles medical malpractice cases and particularly one who is familiar with pre-natal care. Such a lawyer will have available to him or her, expert nurses and doctors who will review the medical records and give you a solid opinion as to whether the procedure caused your child's death. If it was not that procedure, was there something else the doctors, nurses, radiologist, or hospital could have diagnosed and treated? These are some of the questions you need answered. If you would like to discuss this further, please feel free to contact my office at 901-527-9600 . I am very sorry about your loss.

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Answered on 10/25/01, 9:51 am
Martin Zummach Sparkman-Zummach,PC

Re: Wrongful Death

Initially, it appears from the facts there is a reasonable possibility the physician may have commited malpractice. His defense will probably be that your results were a known risk to the procedure. First, this risk must have been communicated to you to fulfill his duty to you. Secondly, even if it is a recognized risk, most physicians will still probably feel the risk is best dealt with by not doing the procedure as done. I would need to review the medical records. You have a very short statute of limitations of one year from the harm to bring suit or you are forever barred from recovery.

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Answered on 10/25/01, 10:43 pm


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