Can I sue an emergency room doctor for a miscarriage? 23 Answers as of July 12, 2013

I recently miscarried. When I went to the E.R for it, the Doctor told me I was never pregnant even though I was. Do I have a lawsuit?

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Wilson & Hajek, LLC
Wilson & Hajek, LLC | Eddie W. Wilson
On those facts alone, no. No damages.
Answer Applies to: Virginia
Replied: 5/26/2011
LT Pepper Law
LT Pepper Law | Luke T. Pepper
If you can show you were pregnant and that the doctor caused the miscarriage you can sue the doctor and hospital. Whether you will be successful will be based on what you were being treated for and whether you suffered a miscarriage to the negligence of the doctor.
Answer Applies to: Pennsylvania
Replied: 5/25/2011
Cody and Gonillo, LLP
Cody and Gonillo, LLP | Christine Gonilla
You would have to obtain the opinion of another medical professional that malpractice occurred.
Answer Applies to: Connecticut
Replied: 5/24/2011
Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
You need a medical malpractice attorney to assist you.
Answer Applies to: California
Replied: 5/24/2011
Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
You need a medical expert in the appropriate field to answer your question: "was there a breach of the standard of care? And if yes, did that cause your damage?" I am sorry about your loss. Stay well.
Answer Applies to: Alabama
Replied: 5/24/2011
    Ewusiak & Roberts, P.A.
    Ewusiak & Roberts, P.A. | Christopher J. Roberts
    I am sorry about your loss. I heard a lot of smart people say that having a miscarriage is one of the most emotionally difficult things that a woman can experience. In order to assert a medical malpractice claim, it is necessary to establish that a doctor's negligence caused an injury. In the context of your situation, you would need to establish that the doctor's error caused or contributed to your miscarriage. If you have reason to believe that it did, you should consult an attorney in your area to discuss the details and determine whether there is sufficient evidence to proceed with a claim. Be aware that all states have time limits for filing lawsuits, so be sure to consult an attorney as soon as possible. Good luck.
    Answer Applies to: Florida
    Replied: 2/21/2012
    Howard W. Collins, Attorney at Law
    Howard W. Collins, Attorney at Law | Howard W. Collins
    Based on your question, he did not cause the miscarriage, so I doubt you have a lawsuit.
    Answer Applies to: Oregon
    Replied: 5/24/2011
    Law Office of Mark J. Leonardo
    Law Office of Mark J. Leonardo | Mark Leonardo
    If you went to the ER because you were miscarrying, there is no causation by the ER doctor to have caused your miscarriage, even if he misdiagnosed it. But the only way to tell for sure is to have an expert review the medical records to ascertain what happened medically. A medical malpractice attorney can have a nurse or physician review the medical records to provide an opinion.
    Answer Applies to: California
    Replied: 5/24/2011
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    If the doctor's actions, or failure to to diagnose a problem, caused you to have a miscarriage, you may have a suit.
    Answer Applies to: South Carolina
    Replied: 5/24/2011
    El Dabe Law Firm
    El Dabe Law Firm | Edmond El Dabe
    You may have a lawsuit for failure to diagnose and/or medical malpractice. Consult with a medical malpractice lawyer.
    Answer Applies to: California
    Replied: 5/24/2011
    McEldrew Law
    McEldrew Law | James J McEldrew III
    This is a very difficult question to answer without more information. If I understand you correctly You went into the ER after the miscarriage had occurred. The ER personnel then told you that you were not pregnant. If that is correct than you most likely do not have a basis for a claim. However if you were in the ER when the miscarriage occurred I would need to know much more detail to determine if you had a good faith basis for a claim . How far along were you? How long were you in the ER ? What treatment did you receive ? Did you have an ectopic pregnancy? Whether a medical malpractice case is claim worthy requires a detailed review of the records by qualified experts! If there is more info you can provide perhaps I can help.
    Answer Applies to: Pennsylvania
    Replied: 5/24/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    Maybe? There are a lot of things that would have to be looked into to see if there is a potential case here.
    Answer Applies to: Michigan
    Replied: 7/12/2013
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    We are The Goolsby Law Firm, LLC located in Augusta, Georgia. I can tell you that while it is difficult, for a number of reasons, to bring a suit in Georgia against an E.R., you should present all the facts to an experienced medical malpractice attorney as soon as possible. Good luck!
    Answer Applies to: Georgia
    Replied: 5/24/2011
    West law Office
    West law Office | Russell West
    It depends on whether the standard of care was breached by the ER physician. If the miscarriage would have happened regardless of what the ER did, or if the standard of care was followed then there are no damages and no case. Obviously it is an extremely emotion thing to have a miscarriage and I am sorry for your loss. Without knowing more information it is hard for me to know if there is any case.
    Answer Applies to: Washington
    Replied: 5/24/2011
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    You can certainly sue a doctor for malpractice if his negligence causes the miscarriage. What he tells you is of little consequence. The question is: did he perform the procedure properly.
    Answer Applies to: North Carolina
    Replied: 5/24/2011
    Lyle B. Masnikoff and Associates
    Lyle B. Masnikoff and Associates | Lyle B. Masnikoff
    Maybe. You need to call medical malpractice attorney.
    Answer Applies to: Florida
    Replied: 5/24/2011
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    To bring a malpractice claim against a doctor you must first find a doctor who will review what the first doctor did and be willing to testify it failed to meet the standards required of a doctor. A lawyer you hire could try to find a doctor to do that.
    Answer Applies to: Colorado
    Replied: 5/24/2011
    Law firm of Cody & Gonillo, LLP
    Law firm of Cody & Gonillo, LLP | Christopher M. Cody
    Additional information would be necessary to determine if the miscarriage was actually caused by and resulted from the "misdiagnosis" of your pregnancy.
    Answer Applies to: Connecticut
    Replied: 5/24/2011
    Ramunno & Ramunno, P.A.
    Ramunno & Ramunno, P.A. | Lawrence A. Ramunno
    Yes you can sue, but you need to prove that the doctors made a mistake that could have been easily avoided.So you need to discuss with a doctor to see why the mistake was made. Also, discuss with an attorney.
    Answer Applies to: Delaware
    Replied: 5/24/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Sorry to hear about your loss. Not enough information. Get your records from the ER. See a personal injury attorney who handles medical malpractice. The file will need to be reviewed by a doctor who will decide whether or not he can support such a fling. (The rules).
    Answer Applies to: California
    Replied: 5/24/2011
    Barry Rabovsky & Associates
    Barry Rabovsky & Associates | Barry Rabovsky
    You may have a case, based upon the information that you have supplied.
    Answer Applies to: Illinois
    Replied: 7/12/2013
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