A good case:
Susie, a pregnant mother, is expecting her third child. She calls her doctor and says that she is having contractions. It is a Friday afternoon, and the nurse who answers the telephone suggests that the mother come into the doctor's office the next morning. Several hours later Susie begins having severe abdominal pain and again calls the doctor's office. She tells them that she cannot feel the baby moving in that she is concerned. Again she is told that she can come to the hospital the next morning. Early the next morning Susie arrives with severe complications and ultimately the baby is stillborn.
Note: in this situation the umbilical cord was wrapped around the infant's neck and was a direct cause of death. An emergency C-section could have solved this problem and in medical probability have saved the child.
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A higher damage case
Using the above example, the infant survives only to be brain damaged for life. The costs of attending to a child in this condition are enormous and it could be a policy limits case for the doctor or doctors involved. The result does not, however, have to be death; multiple other injuries can be sustained such as paralysis and brain injuries, which may allow certain physical and mental possibilities but not the full potential of a child..
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A case that probably isn't.
Sam, a 45-year-old truck driver, has been experiencing pain on and off in his abdomen in the area near the appendix. Sam goes to his doctor complaining of abdominal pain. Routine test indicate he does not have a ruptured appendix. The doctors in attendance tell him to go back home and call if he has further complications. A few hours later he calls an agonizing pain and is admitted to the emergency room where it is shown that he has a ruptured appendix. Hospital costs are $22,000.
Note: in medical probability this is not a case because surgery would have been necessary anyway. However, if Sam died as a result of the delay within the medical records would require a close examination to determine white blood cell count , any other medical conditions that Sam had which could mimic despite pain, and his prior medical history.
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Definitely not a case
Aunt Mary goes into the hospital with multiple complaints and ailments. She is 60 years old and has a history of high blood pressure and diabetes along with obesity. She hasn't been real good about keeping her up appointments with her doctors because she says they charge too much. Mary has been cautioned us several times by both nurses and physicians to lose weight, avoid sweets and to exercise. Despite her best efforts she hasn't been able to do any of it and when she is admitted to the hospital she's a full-blown diabetic and has poor circulation in her legs. She goes on to develop bedsores and ultimately dies.
This is definitely not a case primarily because of noncompliance on the part of the patient. If a patient has not kept doctor appointments and has life-threatening illnesses or diseases, then the patient has been negligent and has caused or contributed to his/her own ill health. At a certain point there is nothing a doctor can do to reverse these type problems. Therefore, assuming a physician and healthcare professionals acted within their capacity and competence as medical professionals most attorneys will not touch this case.
Medical Malpractice 
