My wife was falsely identified to be in labor and the baby became premature. Is this a medical error and can I file a lawsuit?

When my wife and I went to the hospital, the busy ER doctor barely looked at her before telling her she was in false labor and sending her home. It turned out she wasn’t, and my son as born 6 weeks premature in an ambulance on the way to the hospital since we couldn't get back in time.  Because he did not get immediate care, they were not able to get his lungs working properly and he suffered oxygen loss to his brain that may have left him brain damaged. Saying that she wasn’t really in labor seems like a medical error, can I file a claim?


Answers (1)

Failure to recognize premature labor could constitute a medical error, depending on your wife’s symptoms and the circumstances associated with the examination. Doctor’s are held to a reasonable standard of care, so if a reasonable doctor would have behaved differently than the ER surgeon, and/or should have diagnosed your wife’s premature labor, it is possible that you have a case for medical error. You also may have to prove that injury to your son occurred as a result of that negligence and medical error, and not simply as a result of being premature.  You should speak with a qualified personal injury attorney with experience in medical error cases and/or negligence at birth cases to evaluate your case.


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