Part of labia missing as the dos did not stitch it after birth, can we sue?

[SKV74]

What is the name of your state (only U.S. law)? Maryland
My wife had a natural childbirth four months ago in a hospital and her right side labia got partially torn. The doctor did not notice that and did not stitch it. As a result half of it missing now exposing more tender inner tissues that get irritated causing all sorts of discomforts from daily routines to intimate moments. Does it provide a merit for a legal case and should we try to hold the doctor responsible, i.e. ask her pay for the reconstruction surgery/damages?
Thanks very much!

 

[Proserpina]

What is the name of your state (only U.S. law)? Maryland
My wife had a natural childbirth four months ago in a hospital and her right side labia got partially torn. The doctor did not notice that and did not stitch it. As a result half of it missing now exposing more tender inner tissues that get irritated causing all sorts of discomforts from daily routines to intimate moments. Does it provide a merit for a legal case and should we try to hold the doctor responsible, i.e. ask her pay for the reconstruction surgery/damages?
Thanks very much!

Please define "half of it missing", and "tender inner tissues". And though I hate to ask, but do you actually mean "labia"? (As opposed to perineum).

Your wife gave birth only 4 months ago, yes?

 

[Ohiogal]

What is the name of your state (only U.S. law)? Maryland
My wife had a natural childbirth four months ago in a hospital and her right side labia got partially torn. The doctor did not notice that and did not stitch it. As a result half of it missing now exposing more tender inner tissues that get irritated causing all sorts of discomforts from daily routines to intimate moments. Does it provide a merit for a legal case and should we try to hold the doctor responsible, i.e. ask her pay for the reconstruction surgery/damages?
Thanks very much!

A torn labia, while not in all ladies is relatively common. It can be a very normal part of child birth. Not all tears require stitches. If she is experiencing discomfort she should definitely have her ob/gyn take a look at it. It doesn't mean the doctor did anything wrong.

 

[Proserpina]

A torn labia, while not in all ladies is relatively common. It can be a very normal part of child birth. Not all tears require stitches. If she is experiencing discomfort she should definitely have her ob/gyn take a look at it. It doesn't mean the doctor did anything wrong.

Absolutely.

I think I misworded my previous post.

But honestly? As you indicate, many women suffer tears during childbirth. Many physicians will (rightly, oftentimes) decline to stitch the tear because self-melding of the tissue will often be better than the forced.

 

[SKV74]

She had her childbirth in August, 2012. It's her right side labia minora that has its lower half completely missing. As a result the opening of her vagina is exposed and gets irritated because of the contact with panties. The tissue there is naturally not as dry as the regular skin so the fabric sticks easily and causes discomfort and irritation when dislodged by movement. When my wife insisted that the doctor would see her a week after the childbirth because she felt something was wrong, the doctor was very surprised to say the least that my wife did not get any stitches. We realize that not all labial tears need to be stitched but in our case, the doctor completely overlooked that and we were never told that my wife had torn labia or were offered stitching.

 

[Proserpina]

She had her childbirth in August, 2012. It's her right side labia minora that has its lower half completely missing. As a result the opening of her vagina is exposed and gets irritated because of the contact with panties. The tissue there is naturally not as dry as the regular skin so the fabric sticks easily and causes discomfort and irritation when dislodged by movement. When my wife insisted that the doctor would see her a week after the childbirth because she felt something was wrong, the doctor was very surprised to say the least that my wife did not get any stitches. We realize that not all labial tears need to be stitched but in our case, the doctor completely overlooked that and we were never told that my wife had torn labia or were offered stitching.

Your wife should take her records to a med-mal attorney. S/he can assess the records and advise you further.

 

[barry1817]

labia torn

What is the name of your state (only U.S. law)? Maryland
My wife had a natural childbirth four months ago in a hospital and her right side labia got partially torn. The doctor did not notice that and did not stitch it. As a result half of it missing now exposing more tender inner tissues that get irritated causing all sorts of discomforts from daily routines to intimate moments. Does it provide a merit for a legal case and should we try to hold the doctor responsible, i.e. ask her pay for the reconstruction surgery/damages?
Thanks very much!

You have to ask, and have a med malpractice attorney deal with certain issues that are necessary components of malpractice cases.

Did the doctor's treatment fall below the standard of care?
Did this failure lead to patient harm?
Is there a financial component?

Below the standard of care is for experts to decide.

If it is deemed below the standard of care, you have stated that harm did occur.

What is the cost component to rectify the situation.

Good luck with this.