In excruciating pain after C-section...
(Diamond Bar, CA)
Five years ago I had a c-section. With my first period, I started to feel dull pain, not too bothersome, that went away when the period ended. But the pain persisted every time of the month when my period came. I spoke to my obgyn, and his answer was that damage was done during the c-section and nothing could be done.
Since it wasn't unbearable, I didn't think too much of it, but gradually the pain worsened to the degree of being unable to sleep without pain medicine. I really really hate and fear taking any type of pills due to my previous cases with side effects of taking antibiotics.
Along the way, I stopped taking multivitamins and probiotics I was taking, which did help relieve the pain, but it came back. Eventually the pain came even when I wasn't on my period. I got scared and went to see another obgyn. He ordered an ultrasound, and everything was fine. He said the next step would be "laparoscopy suspecting adhesion."
During that procedure, he found out there in fact was an adhesion and my ovary had collapsed onto my uterine lining. He took care of the adhesion and stated the tissue scarring that caused adhesion probably occurred during the c-section.
However, with my next period after the laparoscopy, the pain was still there, this time slightly worse. Thereafter, we did an MRI, but it didn't show anything. When I went to see my primary care physician, he thought it was a painful scar which would last a lifetime, with no current treatment method available.
I became depressed and distraught with fear at the thought of having to live with such extreme pain for the rest of my life. Can I make a claim to the obgyn who performed the c-section for compensation for my physical and emotional suffering? Is there anything I can legally do about this? Thank you.
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ANSWER for "In excruciating pain after C-section...":
Kim (Diamond Bar, CA):
From the facts you present, it's implied you want to know if you have the basis of a medical malpractice claim. Before making a decision, it's important to know the definition of medical malpractice and the liability of a health care provider when malpractice is definitely established.
Medical malpractice is generally defined as an act or omission by a healthcare provider (in your case the OBGYN) which falls beneath the medical standard of care provided by other OBGYNs in the local medical community, and as result of the act or omission a patient is injured.
A medical malpractice claim is very difficult to successfully pursue. Unless the malpractice is blatant, and resulted in a serious injury, the doctor accused (and his or her insurance company) will vigorously defend the claim. The doctor’s insurance company will provide a seasoned defense attorney who will ferociously defend the doctor.
Med mal claims should never be pursued without legal representation. To successfully pursue a claim, expert testimony will be required. These medical experts are normally quite expensive. Moreover, the testimony on both sides will be quite technical.
Additionally, a lawsuit will be filed and pretrial discovery must be pursued. Discovery can include depositions, interrogatories, requests for production, and more.
To know whether or not you have the basis of a medical malpractice claim, seek out several med mal attorneys in your area. Bring along copies of all of your medical records. Most malpractice attorneys will not charge for an initial office consultation.
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.
Best of luck,
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