Appendicitis/pre Term Labor

[Fallamhain]

I guess my question would be is there any lawsuit in my situation? Here goes, Oct 2010 i was 31 weeks prego. Started feeling some dull pain, felt like constipation. My ob/gyn said take stool softener, prune juice, etc. Which I did for 2 more days, still felt the same, maybe a bit worse. FInally was so uncomfortable went to the ER. They did bloodwork, u/sound. Said basically looks good, just a "little" constipated, sent me on my way. Next day was worse, went back to ER. They kept me on a monitor, said looks like I "may" be having small contractions but prob from the constipation. They kept me overnight for observation. 7 am next day, my ob/gyn came in said I was dilated 1cm. SO he asked a gastro specialist to come in and check me out. Before they could I was doubled over in pain because soemthing had "popped", they called an ambulance to take me to a hospital that had a NICU. The ride was awful! When I arrived a new ob/gyn came in and asked what the issue was, I said I was hoping you could figure that out. More tests, blood tests, xray of abdomen. SO basically they fed me with pain pills and spent the day trying to make me poop. I first had Miralax, then they gave me "Go Lightly" finally I had an enema! This was in matter of 6 hours time, still no poop. Next thing I know im in massive pain the Dr runs in and basically cathes my newborn baby. I feel they made my preterm labor. I was discharged less than 24 hours later, with my newborn in the NICU, only to return 48 hours later with more sever pain, high fever, finally has CAT scan, showed perforated appendix and a stomach full of puss and infection! HAd emergency surgery and was in the hospital for almost 2 weeks. IS there any lawsuit here for not delaying the diagnosis, and making me go into pre term labor? Or anything else. Trust me i know these cases can be tricky, I work for a doctor myself.

[Avitul]

Kristy: First thing I did was check the Statute of Limitations in Mass. for med mal cases. It is 3 years so you would have time.  However, I don't see a viable case here?  Why you ask?  I would be the first to say to you that you recieved far less than optimal care. In fact, I would go so far as to say the diagnosis of appendicitis should have been considered and confirmed and that because it was not, there was malpractice and you were a victim of it.  The problem however is, DAMAGES.  Yes, they screwed up. They could have diagnosed the problem with a simple blood test, a properly performed untrasound perhaps, or in other routine ways.  But you don't say anything about your baby suffering any ill effects from the pre-term delivery. You also don't say how premature it was.  Furthermore, you must consider that even if the appendicitis was properly and timely diagnosed, what would be done about it?  Depending on the age of the pregnancy, they probably would have opted for an early C-section and in the course of that, removed the appendix.  Wouldn't you agree? How else would they have dealt with it?  So, if everything was done correctly and I am correct about that process, then you have not been harmed at all.  The baby would have still have been delivered early. What else could they have done if they knew you had appendicitis?  Wait for you to deliver? Don't think so. You would have ruptured as you did.  Pre-term c-section only approach.  Therefore, no harm no foul. I am curious whether this makes sense to you and whether you agree. Heck, ask the doctor.  P.S. Point is, a malpractice case requires two things: firstly, negligent care.  Second, damages. You have the first but not the second.