I just had my daughter a couple of days ago. can i sue the hospital for sending me home while i was in labor

Don't have all the facts, but whenever anyone believes that there has been medical malpractice, it is prudent to get a free consultation with a local medical malpractice lawyer to discuss all the facts and circumstances. Click on the name of the lawyer answering your question to see their profile. The information provided on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

You may have a claim if you, or your child, sustained any injuries as a result of the hospital sending you home prematurely. However, there are a lot of unanswered questions. How long after they sent you home did you go into active labor? How many centimeters dilated were you when you presented to the hospital the first time? I strongly suggest that you contact an experienced medical malpractice attorney in your state to receive a comprehensive evaluation of the facts of your case.

There are two questions to be answered in every potential malpractice case. First, were the medical providers negligent in their care? And if so, what injury was caused by the negligence? To answer the first question, the medical chart must be reviewed. There are numerous factors that need to be considered before it can be determined if the providers were negligent in sending you home in labor. For example, if you were in the earliest stages of labor sending you home may have been appropriate. If your labor was farther along, maybe you should have been kept. Also to be considered is the distance from the hospital, easy availability of transportation, etc. Basically, your inquiry does not have enough facts to give an attorney any guidance. Second, if the providers were negligent, the question is if any injury was caused. Hopefully your delivery went well and your daughter is doing well. In order to have a case for damages from medical malpractice, there must be actual damages caused. Saying "it could have been a tragedy" is not enough. There must be damages/injury to you or you child. Just having your daughter born at home is not really injury by itself---keep in mind that up until the last 75 years most people in the U.S. were born at home, particularly in rural areas. You should consult with a qualified attorney in your area to discuss this in more detail, and to determine what the Statute of Limitations is in Ohio (or the state where this occurred). Once the Statue of Limitations expires, your case will be barred as a matter of law. Note that most likely there will be a different Statute of Limitations applied to your claim than your daughter's, as she was obviously a minor when this occurred. You need to discuss this with the lawyer also. John Wallach St. Louis, MO