Malpractice caused loss of my newborn son. is this a wrongful death or medical malpractice case?

My son was just born prematurely at 22 weeks. The reason I went into labor early was due to an incompetent cervix. The incompetent cervix was likely caused by a laser procedure I had a few years ago due to abnormal cells.

Upon my first visit to my OB-GYN  when I found out I was pregnant I explained to her about the previous procedure and my concern of an incompetent cervix. She told me I had nothing to worry about. From week 16 - 22 I went to her several more times complaining of increased pressure and discharge in my abdomen area. Each time she dismissed my complaints and told me nothing was wrong. Each time she only did a regular vaginal exam rather than an ultrasound.

After several visits I begged her to send me to a specialist as I felt deep down something was not right due to all the pressure I was feeling. So, by the time she sent me to the specialist and they did an ultrasound My cervix was only 3 mm and I was already dilating. 3 days later in the hospital I lost my precious son.

Even the ultra sound tech at the specialist office said had I been monitored earlier they could have stitched me up sooner and this would have never happened. While in the hospital I also went into congestive heart failure and had to be placed in ICU. This was due to a medicine called Terbutaline that they gave me. (I am only 25 years old and am very healthy with no previous hear or medical issues). I also had double double pneumonia which developed while I was in the hospital.

I feel that I deserve some kind of justice for all the wrong treatment I received, and for the loss of my son. Is this a case for a medical malpractice lawyer? What about the wrongful death of my son?

Answers

This is an unfortunate situation that certainly seems to merit reaching out to a medical malpractice lawyer. Depending on the exact timing of the injury to your cervix, you may have little time to file a medical malpractice lawsuit due to the statute of limitations.

As for the loss of your newborn son, you can seek justice for his wrongful death as well. If medical malpractice, or negligent medical treatment can be shown to be the cause of his death, then a wrongful death claim should be filed as well.

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