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Do I have a case? ... by the time they checked her she had already lost the baby!

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  • Do I have a case? ... by the time they checked her she had already lost the baby!

    My sister in law was 18 weeks pregnant last month and she lost the baby because they denied seeing her when she went to kaiser which she is a member of. At 2pm that day she went to get a routine ultrasound no pain nothing . The ultrasound tech told my brother that baby was great moving and everything seemed fine but that she was dilating and to go to the hospital and her doctor would be waiting there the hospital which they had chosen for her to give birth. When they arrived there they said her doctor wasnt there and that she wasnt in their system they denied seeing her they kept sending her to emergency and from emergency they sent her back to labor and delivery she asked to be seen by any doctor by that time it was already 5 o'clock and they had her walking back and forth all day they ended up driving home and when they got home her water broke and started bleeding they called ambulance to take her back to the hospital upon her arrival she was treated horribly it took more than an hour for the, to check her the nurses were making disgusted faces and throwing towels at her by the time they checked her she had already lost the baby! THIS WAS CLEARLY THEIR FAULT AND WE FEEL DISCRIMINATED BECAUSE SHE DOESN'T SPEAK ENGLISH.

  • #2
    re: Do I have a case? ... by the time they checked her she had already lost the baby!

    I wish to inform you that your sister can file a suit for negligence and can claim compensation because hospital authorities were negligent in providing medical care. Your sister can present evidence in court that had hospital authorities attended her properly then her child would have been saved. Further if there was discrimination because of language which can be shown then a complaint for discrimination on the basis of language or ethnic background then another ground of discrimination can be claimed.

    AFF

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    • #3
      Re: Do I have a case? ... by the time they checked her she had already lost the baby!

      You have not indicated specifically anything that indicates negligence. Having a bad outcome, is not in and of itself negligence. Generally speaking, if everything appeared fine earlier in the day, until such a time as her water breaks, medical care is generally not warranted. If the standard were different, every mother in the country would flock to the hospital early in an attempt to obtain patient status early. Insurance companies will not pay for that unless it is proven medically necessary. If language was a barrier for her, she should have had someone standing by to go with her and translate. This might have sped up the speed at which she received care after her water broke. A hospital is not legally required to keep a translator, on staff, medically qualified and capable of speaking every known language in the world. Logic would dictate an army of highly trained specialists, being paid to sit around an emergency room 24 hours a day/ 7 days a week, would render the cost of medical care unattainable by anyone but a millionaire. By all means, she should consult a malpractice attorney if she feels she has a case. I'm sorry for her loss.
      Due to a recent promotion, I should now be referred to as Major Obvious.

      I would not be trying to provide information and knowledge if I did not sympathize.

      Some days it is just not worth chewing through the restraints to face life.

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      • #4
        Re: Do I have a case? ... by the time they checked her she had already lost the baby!

        Does your sister even know why she lost the baby? At that stage with those specifics placental abrupt ion is a possible cause. It can happen quite quickly and often there's little that can be done.

        It's a very sad situation but her first goal should be to find out what went wrong medically. Especially if she plans to try again.

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        • #5
          Re: Do I have a case? ... by the time they checked her she had already lost the baby!

          "Do I have a case?...."

          No, since you weren't the one who underwent this.

          Gail

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          • #6
            Re: Do I have a case? ... by the time they checked her she had already lost the baby!

            Four elements are needed for a successful malpractice suit. The first element is that the health-care professional had a duty to you as a patient. This means that you must have had a client relationship with the health-care professional before the incident or event that caused you to file the malpractice suit. The second element you must prove is dereliction, which means the physician, breached his duty to you by not adhering to the standards of his profession. However, your burden is to prove that the breach occurred within the expected knowledge of the particular health-care professional, whether it be a physician, anesthesiologist or nurse. The third element you must prove is that the physician's dereliction of duty was a direct cause of the injury you suffered. The last element you have to prove in a medical malpractice suit is damage, which is distinct from injury. Damage is a quantifiable loss you suffered as a direct result of the physician's misconduct. Seek legal advice from an attorney first.

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