Do I have a case?

MaryBB77 · February 2014

9 days pp I needed a D&C for retained placenta. I knew something was wrong when I had no milk coming in. The dr who delivered my LO (not my actual dr) also did the D&C. So happened he was on call both days!
Everything seemed fine and my milk started coming in. Then about 4 weeks later I got severe cramps in my stomach so went to my dr and she examined me & said I'd a vaginal infection & possible uterus infection and prescribed antib's.
2 days later I've terrible chills and a fever. We go to ER again & I'm admitted with a uterus infection. There's still more placenta in there.
The following morn my actual dr did a 2nd D&C guided by ultra sound and got the remaining piece which she said was about the size of a tangerine.
I ended up with an infected uterus & had to stay in hosp for 5 days. Without my LO. Pumping & dumping and now struggling with supply.
Sorry for long post but do you think I've a case against the dr who messed up twice? Once after delivery & then the first D&C?

BABYROSEJEANS17 · February 2014

It's possible, but you may want to meet with an attorney to determine your legal options. The initial consultation is free and its up to you as to whether you want to move forward. Good luck!

MindyBadger1 · February 2014

A case for what, getting bills comped/paid/reduced or suing them?

Emily6778 · February 2014

We tried to bring a case against the hospital and dr after DD was born. Its tough! Medical malpractice is said to be one if the toughest types of cases. We did get or hospital bill covered but we ended up not bringing then to court for more. The process would have taken years.
With that said, unless you will suffer long term damage like not being able to have more children, i don't think you have much of a case.
I'm sorry i know this is hard to hear, trust me. I'm sure you feel betrayed by this dr/facility and probably feel like you can't trust anyone anymore. It does get a bit better with time!

bensmommy518 · February 2014

I am not a lawyer and agree with pp about scheduling a consultation. I just wanted to say I am sorry you have had to deal with this and I hope things start to get better for you soon.

JaneW2 · February 2014

Definitely file a formal complaint with the hospital. If you feel like they are putting you off, you can also file a complaint with the state medical board.

Emily6778 said, since it sounds like you will make a full recovery soon (I certainly hope you will) the potential damages are limited.

slmille4 · February 2014

I'm sorry that this happened and hope everything works out ok.
I'm not sure you have a case or not, a lot of it depends on the paperwork you signed. The consent for the c section may say something about the risks of the surgery. I know mine saying something surgery not being an exact science or something like that. See if you can get a copy of your consent form and go from there.

peanutmuse · February 2014

I am assuming you signed a waiver before having the surgeries. That will probably make it very difficult to have any type of "case.' Infection is, unfortunately, a very common outcome of any type of surgery.

Missing the retained placenta twice does seem incompetent, though. In the future, I would just refuse to see that particular doctor. Even if he is on call.

MindyBadger1 · February 2014

I hate to say it, as I know you've been through a lot, but personally don't think you have a case.... When I did OB/GYN the first d&c was always "blind" meaning we inserted the instruments and just felt around until it seemed empty, we didn't use imaging. So I could see how it could be missed, especially if afterward (I'm assuming you had follow-up) everything "seemed fine" clinically. If you had a vaginal infection later, that could have clouded the diagnosis--- it's not always a bad thing to assume the most common/obvious thing, often it saves money and hassle, but in your case they did miss it which is unfortunate.

And the bottom line is, I bet you a million $$$ there is a line in the first d/c document that said a risk is "unsuccessful removal and need for further treatment or procedure, infection, or death."

I'd complain to the doctor/office, see if they will reduce/cover some of the cost. But in court, I don't think you'll have a leg to stand on. And then it will just get drawn out and waste more of your time.

MaryBB77 · February 2014

Thanks ladies for all the feedback. I doubt very much I've a case but wanted to know what ye thought. @ mindybadger1 that's what i was afraid of.

megs12914 · February 2014

@MaryBB77 how did you know you had retained placenta? I'm just curious because I have had huge supply issues and I wondered if this might be the case for me. I still have bleeding 8 weeks later.

MindyBadger1 · February 2014

@megs12914

Butting in.... sounds suspicious! What did your OB say about still having bleeding at your 6w PP visit? Yikes.

peanutmuse · February 2014

MindyBadger1 said:

@megs12914 Butting in.... sounds suspicious! What did your OB say about still having bleeding at your 6w PP visit? Yikes.

Agreed.

megs12914 · February 2014

@MindyBadger

megs12914 · February 2014

peanutmuse said:

MindyBadger1 said:

@megs12914

Butting in.... sounds suspicious! What did your OB say about still having bleeding at your 6w PP visit? Yikes.

Agreed.

She seemed to act like it was normal when I saw her 7 weeks PP. I would have pushed it but that was the day we were contemplating taking Noah to the hospital (we did). I didn't really question it even though I had thought it seemed weird. I'm calling tomorrow.

PS I don't like my OB as it is.

Roses87 · February 2014

@megs12914 didn't you have a c section? I highly doubt u would have a retained placenta. The placenta is removed manually during a section. You actually can see in the uterus as well. So I don't think pieces would be missed.

With a vaginal birth pieces can break off as the mom delivers it vaginal and its hard to know sometimes because you can't see in the uterus. The placenta is examined after a vaginal delivery and sometimes u can tell if a piece broke off. This also isn't necessarily the case. A lot of the time retained placenta is caught with in a few hrs after delivery due to the uterus not clamping down and or excessive bleeding. But again this isn't always the case and is discovered after discharge.

megs12914 · February 2014

@Roses87 I did have a c section. I know it's highly unlikely that I have any retained placenta but I'm grasping at straws to figure out the cause of my low milk supply. I guess part of me hoped/hopes that's the case so it could be fixed.

MaryBB77 · February 2014

@megs12914
Initially I had no milk so that signalled to me something was wrong. The first D&C took care of that. It was the cramps as bad as labour that sent me to the dr. She said I'd a vaginal infection with a possible uterus infection. That was on Thurs. by sat I had a fever of 102 and was shaking uncontrollably so headed to dr & was sent to hosp. An u/s revealed more retained placenta.
I hope you don't have it. It ain't pleasant!

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