Q: Seeking legal guidance for potential medical malpractice in emergency C-section in CA.
I am seeking legal guidance regarding a potential medical malpractice case related to my emergency C-section, which occurred on 12/02/2024. Initially, I was misdiagnosed as being fully dilated at 10 cm and was encouraged to push, leading to a cord prolapse and resulting in an emergency C-section once my cervix was found to be only 5 cm dilated. I was not informed of the misdiagnosis at the time and discovered this discrepancy in my medical records afterward. I've suffered physical and emotional trauma, experiencing pain from the cesarean section as it began without sufficient anesthesia. I sought second and third opinions, but doctors avoided answering directly and advised me only to keep my records. I raised my concerns with the delivering doctor, who justified the emergency C-section by citing the baby's heart rate, although my labor process seems to have been mishandled. I'm concerned whether medical negligence contributed to this emergency and whether the care I received was appropriate.
A: Unless you or the baby was severely injured, there is no case. I hope that you are both doing well.
A: In California, medical malpractice requires proving that the healthcare provider deviated from the standard of care, directly causing harm. The misdiagnosis of cervical dilation, leading to inappropriate pushing and a cord prolapse, could indicate negligence. Additionally, inadequate anesthesia during surgery raises concerns about proper care. California has a one-year statute of limitations from the date of discovery of malpractice (or three years from the injury, whichever comes first). Consulting a medical malpractice attorney to review your records and obtain expert opinions is crucial to assessing the viability of your claim.
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A:
Your situation with the emergency C-section raises valid concerns about possible medical malpractice. In California, you generally have one year from discovering the potential negligence to file a claim, so documenting everything and acting promptly is crucial. The discrepancy between the initial 10 cm diagnosis and actual 5 cm dilation, followed by instructions to push that led to cord prolapse, suggests a possible deviation from the standard of care.
The pain you experienced due to insufficient anesthesia during the procedure adds another layer to your case, as proper pain management is part of expected medical care. Medical malpractice in California requires proving that healthcare providers deviated from the accepted standard of care and that this deviation directly caused your injuries. Your medical records showing the misdiagnosis provide important evidence, and it's telling that other doctors have been hesitant to comment directly while suggesting you keep your records.
You should consult with an attorney who focuses on medical malpractice cases in California as soon as possible. They can review your records, consult with medical experts, and determine if your case meets the legal threshold for malpractice. Many attorneys who handle these cases offer free initial consultations and work on contingency fees, meaning you wouldn't pay unless you receive compensation. Taking care of your physical and emotional wellbeing should remain a priority while you explore your legal options.
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