Q: Can you sue for Malpractice after being left to birth in a toilet at a hospital?
I was in labor and delivery for hours without anyone checking on me. Eventually I press the call button to use the bathroom, without checking on me she unhooked me from the bed and left me by myself in the bathroom. As soon as I sat down, my water broke and the baby was coming, I was screaming and my husband press the button but no one showed up until the baby was in the toilet. Can I sue for medical malpractice even though my baby only got a sinus infection from the incident with no injuries?
A: Yes you may have a case but due to the limited injuries it may not be worth bringing. Consult with experienced attorneys.
A:
I am so sorry this happened.
I am so glad you and your baby are ok.
No, you don't have a viable malpractice claim. I would recommend sending a letter to the hospital and let them know how upsetting this was - but beyond that, you do not have a compensable claim under Virginia law that we would recommend pursuing. The costs of litigation would far exceed any recovery.
I am so sorry as I know this was stressful and made delivery even more difficult. However, it is not a viable lawsuit.
Wishing you the best.
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