Can I sue if he could have found out my miscarriage when he did the ultrasound and the blood work? 5 Answers as of May 08, 2014I went to my OB GYN on the 24th of April for a vaginal ultrasound. He said my last menstrual period date was off from I was showing. I was 4 weeks and 3 days but I should have been 8 weeks. I was bleeding at the time. He knows my history of having miscarriages. He said everything was OK, did my blood work and sent me home on the 28th. I called him twice and said that I was bleeding heavier and I need to be seen. He did not call me back. I was at the hospital. I lost a lot of blood. I passed out at home and when I got to the hospital, I passed out again. I was admitted and he came the next morning. This could have been taken cared of before. I almost died. I had to get a dilatation and curettage, diagnostic laparoscopy and blood transfusion. I had to get 6 bags of blood and a bag of plasma. They said I was having a spontaneous miscarriage.
Law Ofices of Edwin K. Niles | Edwin K. Niles
Medical and dental malpractice claims are, by their nature, very difficult. Under California law, it is necessary, before filing suit, to obtain an affidavit from another professional, verifying that he has reviewed the medical charts and has found that there was negligence. This can cost several thousand dollars, and most attorneys expect that the client will cover this cost. Negligence could be defined as the failure to use REASONABLE care; not all bad outcomes are the result of negligence. You should also be aware that there is a cap on the amount of recovery for ?pain and suffering?, thanks to the doctor lobby. Sometimes one has a good case theoretically, but the damages are too small to warrant a suit. For these reasons, not many lawyers handle malpractice cases. You should seek a specialist. You can contact your LOCAL bar association for a referral.
Answer Applies to: California
Domnitz & Skemp, SC | Merrick Domnitz
First, I am very sorry for your loss. However, I do not believe you have a valid case against the doctor since the medical history you reference seems to indicate prior miscarriage problems and therefore the only damage you could even conceivably claim would be the delay and those damages would not, in my experience, support the costs of medical malpractice litigation. Again, I am sorry for your loss.
Answer Applies to: Wisconsin
Paul Whitfield and Associates P.A. | Paul L. Whitfield
A bit too much drama here. doctors are only supposed to try to do the best they can with what they have to do with. Who is to say your doctor caused your problem. certainly not you. get you an expert doctor in this area and have him review your ENTIRE chart and ask him the question. it is a medical question not a legal one at this point.
Answer Applies to: North Carolina