Placenta Previa

[Lynford]

By my 20th week of pregnancy, I was diagnosed with placenta previa.  At 36 weeks, it was determined through an ultrasound that the placenta was low lying.  My doctor determined that I could do a vaginal delivery.  Despite unusual bleeding, he went ahead and broke my water when I was in labor.  The placenta was torn, as a result, I lost 4 units of blood and required an emergency c-section, blood transfusion and hysterectomy.  My baby spent time in the NICU as a result of blood loss.  Was my doctor negligent in recommending a vaginal delivery with a low-lying placenta?  Is this an example of medical malpractice?

[Rory]

You may have a cause to sue for malpractice, but your case has some possible problems. You do not mention if you have had a successful pregnancy before this one.  if this is your first pregnancy complications will face a lawyer. Placenta brevia is a surgical emergency sometimes, but it is the physician's judgment whether to delay delivery, to perform a Caesarean section, or to allow the process to continue 'normally'. It is in this word 'judgment' that your case may present problems for a lawyer.

Generally a C Section is the approach at 36 or 37 weeks if hemorrhage is under way. Your lawyer needs to have a qualified expert to support a malpractice case. Obstetric cases are difficult for most lawyers and so you will find you have hard time finding a lawyer to consider your case. But be patient and spend some time looking for the right lawyer.

You should think about sueing despite the obstacles to success. Ask your local Bar Association for a list of lawyers who have taken on obstetric malptractice cases, or if you are able, search your courthouse records for recent obstetric cases and call the lawyers who handled these successfully. Be prepared. Type a brief summary of your case for your lawyer. Give dates and names and a very brief summary of your condition at the time.

If you are turned down by five or six lawyers, then give up. These are tough cases and lawyers often lose even despite what appears to be obvious malpractice.  But try. Good luck.

I can't understants how I think some days. I forgot that in every obstetric malpractice case two plaintiffs are present.

You must see a  lawyer now and have him file a lawsuit for your baby. Injuries to the placenta are often accompanied by an injury to the fetus. I am not trying to frighten you, but it is something you have to think about.  You may not know anything is wrong until the baby is four or five, and maybe not until he is ready for school. If he has suffered brain injury, then he must be protected. Loss of blood during late pregnancy can be the result of either placenta previa or placenta abrupto.  So, I'm sorry that I missed this in my first answer, and I am sorry if this note upsets you, but you have to know this.  Again, good luck, and with good luck that may mean a healthy baby.