Retained Placenta...lawsuit...thoughts???

speak06

Just wanted to get some opinions on how you would handle this:

After having my daughter I immediately started hemmoraging...she was 3 weeks early, 8 1/2lbs and was born in 20 minutes with no drugs. So docs thought maybe bleeding was due to quick birth, big baby...was discharged 36 hrs later, still bleeding but sent home anyway. I continued to bleed heavy and went back to OB at 3 weeks pp...doc checked and said probably just a period and actually asked if it could be a miscarriage (wanted to slap her) but went on my way. Next week blood gushes down my leg in the middle of Costco...went back told oh just pp bleeding no big deal but let's get an u/s. U/S comes back abnormal..."yeah something is there but you're fine"...go back for 6 week pp check get the clear told again maybe just a period. At 8 weeks I went for a 2nd opinion...another u/s and emergency D&C...I had 4cm of retained placenta, calcification and a nasty infection.

I notified my original OB's office but got no response. 2 weeks later went in to the office to pay a co-pay they forgot about and was asked if I would be scheduling my annual visit. When I said I am no longer a patient they asked why not like nothing had happened so I told the nurse my story...first words "well is there going to be a lawsuit" next day I got a call from the OB, but I didn't return it.

So if you have hung on for this long...what would you do? Should I look into a lawsuit? It has been 3 months since the D & C but it still bothers me. I am not planning on anymore children but was told with my IF and the amount of damage from the calcifiation...I could have problems.

 Thoughts? TIA

TryingforBaby1

I think it's really a personal decision. If you are interested in pursuing it, I would consult with an attorney to discuss damages and costs. That would probably help sway your decision.

OscarQ

I guess it depends on what you want out of it.  Money for your extra medical expenses, pain and suffering?  Do you want the doctor reprimanded (if appropriate) for improper patient care?  I'm cool with that as a reason to sue too.

I personally wouldn't care about the money for myself but I sure as hell would want the doctor reprimanded.  Especially since the doctor didn't even respond when notified about your emergency D&C.  And that their first response was "well is there going to be a lawsuit".  Total red flags for me and I would want the practice reviewed to make sure current and future patients are receiving proper care.

 

ohiostategal

If you want to look into it you can talk to a med mal atty for free in your state, just ask for a consultation.  They can tell you whether it is worth pursuing or not.  Every state is different with med mal laws, juries, etc.  My husband and I both did med mal cases (I now SAH) but you need someone in your state that knows the area.  Honestly, when there are no further complications it is usually hard to pursue a case (just because of expenses to pursue the case v. damages you could claim) but again it doesn't hurt to talk to an atty on the phone if you are interested in looking into it.

inlovewithB

I would!! Not for money, but to help other women in this OB's care. You may be able to help someone else have better medical care. We trust these doctors with our lives and lives of unborn babies, they should take us more seriously. 

DMD1029

you can also report him to the state medical board and to your insurance company.  After all, your insurance company incured extra expense b/c he was negligent. 

GuitaristsGirl

My advice would be that (if you haven't already) you try to articulate what it is you would want to get out of a lawsuit.  As one pp mentioned, if it's money, you should talk to an atty to get his/her thoughts on your probability of recovering.  The opinion that I've given family members in the past when asked about a lawsuit is that I personally would not recommend filing suit unless there was a very very high likelihood of recovering (and recovering a considerable amount) because lawsuits, lawyers, etc., etc., are nasty business. 

 If it's some type of more personal detriment to the doctor or the protection of future patients - you could instead file a complaint with the licensing board. 

Sorry you had to go through this!

CBL

GuitaristsGirl:

My advice would be that (if you haven't already) you try to articulate what it is you would want to get out of a lawsuit.  As one pp mentioned, if it's money, you should talk to an atty to get his/her thoughts on your probability of recovering.  The opinion that I've given family members in the past when asked about a lawsuit is that I personally would not recommend filing suit unless there was a very very high likelihood of recovering (and recovering a considerable amount) because lawsuits, lawyers, etc., etc., are nasty business. 

 If it's some type of more personal detriment to the doctor or the protection of future patients - you could instead file a complaint with the licensing board. 

Sorry you had to go through this!

All of this.  Sounds like a complaint to the licensing organization in your state might be a better option. They likely have no authority to impose costs, damages etc, but can discipline and fine and the doctor if appropriate.

speak06

Thank you all for your thoughts...I don't care about the money, everything was covered by my insurance. I think it is more of wanting something on record, I should not have gone back to this OB after my son (she had me push for 4 1/2 hrs and he wasn't breathing when he was born) all turned out fine in the end but he spent his first 3 weeks of life in the NICU...but I trusted her and EVERYONE I know goes to her...so I thought I should go back. I just don't want anyone else to go through the same thing and end up with even worse results. In the end I am grateful to have 2 happy healthy kids...it just still bugs me

KYRN

I'm WHNP working in OB/GYN and a former L&D nurse, I see poor pt care ALL the time.  One of the biggest groups in town that most people I know go to and has a good reputation is one of the most dangerous groups I've come across.  People just don't know that they're getting bad care unfortunately, and I see it all the time happening in other practices.

I don't think I would sue although I get your reasoning for wanting to.  I think the energy that you would spend in a lawsuit would be better spent writing letters and making phone calls to the hospital/state licensing board etc.  Also review him/her online on the pt review websites and tell people you know not to go to that group. 

If there was some long-term effect or cost that you incurred I'd be more likely to consider a lawsuit.

perry7285

it sounds to me that if the goal is not money but just for appropriate action to be taken against the doctor, reporting to the licensing agency is the way to go. there is so much stress and grief that goes along with lawsuits that i would avoid that if it isn't necessary to meet your goals.

OrangeSmoke

Ugh - you are in NJ - I sure hope it's not the new practice I'm trying out next week.

 

LuckySunshineBaby

To the OP: I'm sending you a private message.

I'm in NJ and seeing an OB on Monday to get a second opinion. I had retained placenta after my c/sec, just stopped pp bleeding 3 dys go, a D&C and still have a fair amount of pain. My OB has been terrible about addressing it. I'm wondering if it's the same practice.

 

 

JenCW

Wow, your experience is nearly identical to my experience after my first delivery.  After 11 weeks of continued bleeding and getting incredibly ill - I demanded an u/s.  Sure enough I had retained placental tissue that had become calcified and necrotic.  I never even looked into legal action because I just assumed that I would be told that it was a possible complication of pregnancy (I had multiples and a c/s). 

After reading these responses, I wish I would have at least filed a complaint.  I definitely say make a big stink about it to whatever board (or even via online review sites) that you can.  This might keep someone from the same experience with that OB, and may even help tarnish her undeserving reputation.  At the very least, you won't look back years later and wish you had done something - like I'm doing now.