Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Did you sign a liability waiver at the hospital/office where the procedure occurred? What did it say- probably that you won't sue and the doc isnt responsible if the procedure and recovery aren't ideal, right? Theres your answer.

L&D nurse here. Not true. I've seen things go wrong after waivers have been signed and have seen those people sue. Most get settled, I've seen a couple get tossed out of court. Those waivers are for when surgery goes well but one of the risks wins over. Then there is no basis to sue (that's one of the cases I've seen thrown out). But when something goes wrong because of neglect or incompetency, that waiver is useless.

How do you know? Are you a lawyer or an l&d nurse? And from op's description it doesn't even sound like it has anything to do with l&d.

How do I know it's useless? Because I've seen malpractice cases settled even though a waiver was signed. And not just in the L&D field

The nurse is right that waivers are unenforceable as against public picky if you sign away all your rights to sue. They are supposed to discourage or prohibit suits because you happened to be the 1/100 who gets an infection despite precautions or whatever. But if the surgeon leaves a sponge inside you, that's a great case regardless of what you signed.

Anonymous wrote:

Anonymous wrote:Did you sign a liability waiver at the hospital/office where the procedure occurred? What did it say- probably that you won't sue and the doc isnt responsible if the procedure and recovery aren't ideal, right? Theres your answer.

L&D nurse here. Not true. I've seen things go wrong after waivers have been signed and have seen those people sue. Most get settled, I've seen a couple get tossed out of court. Those waivers are for when surgery goes well but one of the risks wins over. Then there is no basis to sue (that's one of the cases I've seen thrown out). But when something goes wrong because of neglect or incompetency, that waiver is useless.

How do you know? Are you a lawyer or an l&d nurse? And from op's description it doesn't even sound like it has anything to do with l&d.

Anonymous wrote:Did you sign a liability waiver at the hospital/office where the procedure occurred? What did it say- probably that you won't sue and the doc isnt responsible if the procedure and recovery aren't ideal, right? Theres your answer.

L&D nurse here. Not true. I've seen things go wrong after waivers have been signed and have seen those people sue. Most get settled, I've seen a couple get tossed out of court. Those waivers are for when surgery goes well but one of the risks wins over. Then there is no basis to sue (that's one of the cases I've seen thrown out). But when something goes wrong because of neglect or incompetency, that waiver is useless.

Sorry go cut off

That results in a negative outcome. I have seen lawsuits that are just and some that were frivolous. In most cases, the matter is settled without much of an issue for the OB. I have seen 2 fight and win frivolous suits.

So a couple of things from your post
1. The doctor won't apologize. In doing so, they admit to wrongdoing. You'd be shocked that many hospitals have this policy and its not because the doctor doesn't not want to apologize
2. Without knowing the exact issue, this is a tough one. You seem to think she was negligent because she was in a bad mood and taking it out on you. This is Really going to be a tough one to prove, especially if she has a glowing record.
3. A complaint to the medical board will likely do no more than give her a slap in the wrist. If that. Unless it was gross negligence, your case file likely does not have enough information for them to do much about the issue
4. I guess if you are looking to recoup money lost, definitely sue. If you are hoping for closure with the doctor regarding what happened, I fear you may be dissapointed by the lawsuit process.

Good luck op. I've seen lawsuits that definitely should have been filed so I am in no way disparaging you from filing, just that you need to decide the reasons for why you're filing