Midlineepisiotomy in US-can I sue the doctor from India

[ranjnaivjn]

I, Ranjani Jagannathan, am an Indian, Asian and was in the United States till
August 2006 on H4 dependent visa. I had a normal delivery of my first baby
girl on March 5 2005 performed by Dr.Kapila Patel, Ob GYN at Lakeland
Regional Medical Centre, Lakeland, Florida.

At the time of delivery, she told me the baby\'s head was difficult to come out so she would perform episiotomy \"a small cut to help it on its way\" and I agreed albeit reluctantly as at that point i was in pain. However, as per medical literature, it is unadvisable to do a \"mid-line episiotomy\"on women as their perinium is extremely narrow and there is high risk of
tear..episiotomy as I understood from prenatal classes in the same hospital
were rare and if needed done only on the side and not mid line. Inspite of
these factors Dr.Kapila Patel performed the same.

When I went for review a few weeks later I complained of bowel incontinence or \"leakage of stools\". The doctor admitted she had never faced such a case in her 35 years of practice and apologised and suggested Kegel excercises to rectify it. She said if it did not improve a surgery would have to be done. It did improve so I let it be and we returned to India. The problem resurfaced when I became pregnant with my second child in October 2006.
As my pregnancy progressed the problem increased..I went doctor shopping to find the best doctor who could ensure a normal delivery because of this problem. However, none of the doctors in the major cities of India accepted that a normal delivery was possible since there was risk of perinneal tear .

Finally, I had to have a C section and since have faced bowel incontinence and currently have had to have a surgery for perinneal repair one year after my delivery as advised by the doctors. I am facing extreme pain not to mention inconvinience managing both babies with this problem and the vast expenses incurred.

Please let me know if I can sue the doctor while I am in India as I hold a bank account in the US and my husband holds an SSN and I an ITIN number there. If so, what is the procedure. I am willing to undertake the required expenditure.
Thanks and Regards
Ranjani

It is certainly possible you have a case based on what you say here; you should take a brief description of these events as well as your medical records to a malpractice attorney and see if the attorney thinks you have a claim; often you need to contact several attorneys to find one to take the case; the review of your case and records is often free and then they will normally take the case on a contingency fee basis if they think you can win; you would pay only if they collect for you.