Could I sue an emergency room doctor for a miscarriage? 8 Answers as of September 30, 2015

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

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S. Joseph Schramm | Joseph Schramm
To file a lawsuit for medical negligence you would have to show that the misdiagnosis was one that involved falling below the standard of care practiced by physicians in that area of medicine and that, in doing so, the action (or inaction) increased the risk of harm to the patient. This usually requires the retention of a medical expert and if no medical expert will agree that there is any negligence involved (and most do not) you will have no case. You would then have to show that the misdiagnosis caused your miscarriage as opposed to something else. Finally, you would have to convince a jury objectively weighing the evidence that the harm you suffered was so severe that the jury would be willing to award you a six figure verdict in order to justify the expense, time and effort that your attorney would have to invest in your case. The facts you recite are insufficient to draw any conclusion and you should consult an attorney who handles medical negligence cases to discuss your case more fully.
Answer Applies to: Pennsylvania
Replied: 9/30/2015
Gates' Law, PLLC | Thomas E. Gates
No, they did not cause the miscarriage.
Answer Applies to: Washington
Replied: 9/29/2015
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
So the doctor made a mistake. How did that harm you? To prevail in a legal action against the doctor, you must show that s/he owed you a duty, that s/he violated that duty by treating you below the standard of care, and that the erroneous treatment was the direct or proximate cause of identifiable harm. Your question does not show any harm that the law can compensate. Perhaps there are more facts than you imparted in your question. If so, try asking it again with more information. But if there is nothing more, why contribute to the litigation explosion with a frivolous lawsuit?
Answer Applies to: Wisconsin
Replied: 9/29/2015
Adler Law Group, LLC
Adler Law Group, LLC | Lawrence Adler
There is not enough information to give you a proper and complete answer. The question isn't just whether the doctor was wrong is whether he did something in a negligent fashion that caused the miscarriage. You may have miscarried having nothing to do with the doctors actions. If the doctor was negligent and caused the miscarriage there may be a claim.
Answer Applies to: Connecticut
Replied: 9/29/2015
Law Offices of George H. Shers | George H. Shers
For what? You already had miscarried before you went to the ER so they did nothing as to your physical health. You feel insulted by the Dr., but he voiced his honest opinion, even though it was wrong. You have no damages.
Answer Applies to: California
Replied: 9/29/2015
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    You very well may have a lawsuit. However, it takes the opinion of a medical expert to determine whether malpractice occurred. Lawyers that do medical malpractice cases typically have such experts available. Consider consulting one. Good luck.
    Answer Applies to: Alabama
    Replied: 9/29/2015
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    What damage did the doctor cause? Whether or not the ER doctor diagnosed your condition, the miscarriage was spontaneous and he could not have prevented it. It is not unusual for a spontaneous miscarriage to occur within the first trimester of pregnancy, without any trauma.
    Answer Applies to: Michigan
    Replied: 9/29/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Doubtful, what are your damages and how were they caused by the ER?
    Answer Applies to: Michigan
    Replied: 9/29/2015
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