CanI sue if the hospital in which I gave birth to my son forgot about the placenta?

UPDATED: May 16, 2011

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CanI sue if the hospital in which I gave birth to my son forgot about the placenta?

It didn’t have me birth the placenta and now they are charging my insurance company for having to do surgery 2 weeks later.

Asked on May 16, 2011 under Malpractice Law, Indiana


M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It sounds like you are asking two questions.  Lets take them one at a time.  First, with respect to your birth placenta, I do not think that you have a claim.  Even if there was some kind of obligation to give it to you, no jury in the world is going to award damages due to a failure to give the birth placenta.  In other words, there is no monetary value associated with it, so even if you won you would not win any money.  This does not make for an attractive lawsuit from an attorney's perspective.  Second, with respect to the surgery, it is unclear why you feel wronged by their charging your insurance company for it.  Are you suggesting that the surgery was unnecessary, or a result of their malpractice?  If so, you might have a colorable argument.  However, if you are suggesting that the surgery should have been "free" to make up for their "mistake" regarding the birth placenta then I am afraid that you are out of luck.

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