Can I sue the hospital and the obstetrician for emotional damages? 3 Answers as of October 01, 2013

Well I found out I was pregnant with my first. The father and I very happy thought we were about 9 weeks but were 14 weeks. Well I had a little pain in my right side of my pelvis not too bad. Then it woke me up in the middle of the night. So the next morning he took me to my family doctor who did a full pelvis exam said my cervix was closed and I was pregnant. Sent me down for an ultrasound they did the probe with empty bladder and also the one with a full bladder. Went back to my doctor office upstairs where I used the bathroom and blood clots started coming out. When I came out my doctor was there told me he called the hospital to let them know I was coming. He said that he thought I had an ectopic pregnancy and he was calling the obstetrician. So off we went to the emergency room which is only 5 minutes from my doctor. Well they checked me in and took me to a bed in the hall till they could get me a room in emergency room. So the obstetrician residents came in they got the CD that had my ultrasound on it. They then gave me another pelvis exam, then stated that if I was pregnant I was only a day and had already lost even though my doctor who just exam me not even 1 hour earlier said my cervix was closed. Then they give me morphine for the pain I was in. After trying to say that I had appendicitis so I got sent for another ultrasound. So while up there we asked if the tech saw our baby which she moved the ultrasound around and smiled at a spot. We watched what looked like a heartbeat to us but could be wrong. Then it was gone so fast and she put my bed in the hall. He felt my belly pushing got me up to the toilet. Nobody around to help, he went and told the techs something was very wrong and we needed help. I ended up passing our baby in the toilet. My nurse from emergency room showed up forced me out of the bathroom while almost ripping my IV out Then she flushed our baby down the toilet. No one even knew that the nurse did that till I saw my doctor. Now I own them $20,000 because of the obstetrician team. What do I do? It has ruined my relationship and my emotional state of mind.

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Mark S. Hubert PC
Mark S. Hubert PC | Mark Hubert
Unfortunately i am a Patent Attorney and i am not knowledgeable in this area of law.
Answer Applies to: Oregon
Replied: 10/1/2013
Law Office of Kirk Buhler
Law Office of Kirk Buhler | Kirk A Buhler
You can try... Based upon your information you seemed to be in about the first trimester. You have not indicated that you believe there in medical malpractice, but are seeking retribution for "emotional damages". You probably have some emotional harm, but it appears from your description that the your body was in the process of a miscarriage that might have occurred at home if you did not visit your doctor. At nine weeks the baby is about the size of a grape, at 14 weeks the baby is about the size of a small orange. You should have a consultation with a local attorney to discuss your options. In general you should determine what specific act or acts resulted in the emotional damages. Loosing a baby to miscarriage is very difficult. Overall, 15 to 20 percent of known pregnancies end in miscarriage, with more than 80 percent of them occurring in the first trimester. Typically the miscarriage is due to a problem with the baby or how the embryo is connected to the uterus. If you pursue recovery for your emotional damage you will be dealing with this loss for an extended period of time until it is resolved. Your other option is to believe that God was not ready to place this baby on the earth, and you should look forward to a future with a perfect child that you will have. The hospital may be able to direct you to a support group that deals with mothers who lose babies in a miscarriage to help you and the father with the loss and your relationship.
Answer Applies to: California
Replied: 9/27/2013
Banner & Witcoff, Ltd. | Ernie Linek
This is not a patent question. You should contact a medical malpractice (tort) lawyer to see if you have a case.
Answer Applies to: Massachusetts
Replied: 9/27/2013
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