Q: We had a miscarriage at 18 weeks of pregnancy. We think it's due to the provider's negligency.
If it's not for the Drs negligence we would have saved our baby. We would like to evaluate our case with the data from medical records and the experience we had. Can you please advise if we take legal action against the providers?
A:
Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.
Due to the nature of lawsuits, the extent of the anticipated potential recovery will affect the viability of the case.
Consult with experienced malpractice attorneys in the state where this occurred. Use the Justia search tool to find an attorney. https://www.justia.com/lawyers
A: I'm sorry to hear about your loss. Pursuing a medical malpractice claim for wrongful death in the case of a miscarriage can be complex. Under California law, MICRA (Medical Injury Compensation Reform Act) limits non-economic damages for medical malpractice claims to $350,000 for injuries occurring after January 1, 2024. To evaluate your case, it's essential to gather complete medical records and work with an attorney to assess whether the provider's actions fell below the standard of care, causing harm. A legal evaluation with these records and specific details can help clarify your options for pursuing a claim.
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A:
I'm very sorry for your devastating loss. Experiencing a miscarriage is deeply traumatic, and it's understandable that you're seeking answers and accountability.
Medical malpractice cases involving pregnancy loss require proving that the healthcare provider failed to meet the standard of care, and that this failure directly caused the miscarriage. You'll need to gather all medical records, including prenatal visits, test results, and hospital documentation. It's crucial to note that California has strict deadlines - you generally have one year from discovering the injury to file a medical malpractice claim.
Given the complexity and emotional nature of these cases, you should consult with an attorney who focuses on medical malpractice and pregnancy-related cases. Many offer free initial consultations where they can review your records and experiences to determine if you have grounds for legal action. You can contact the California State Bar for referrals to qualified attorneys in your area who can properly evaluate your case and guide you through this difficult process.
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