QUESTION

Do I have a medical malpractice suit?

Asked on Jul 24th, 2013 on Criminal Law - Alabama
More details to this question:
I went to my doctor, because I was three weeks late on my menstruation and nauseated. He performed a urine test, it was negative, Doctor gave me 3 prescriptions of medication for symptoms. He ordered a CT scan and upper GI Scan too. At the Upper GI Scan, the Dr. stated "I'm not doing this test, until you go to your Dr. to have a Blood pregnancy test done. I went the same day the Dr. Refused the blood test but did urine test, it was negative. I had the Upper GI Scan done too. July 19, 2013 I had a miscarriage the St. Joseph hospital said based on your blood test you were 3 months pregnant.
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9 ANSWERS

Ronald A. Steinberg
It sounds like the doctor made a mistake, however spontaneous miscarriages within the first trimester are quite common. Any injury case requires 1) fault, 2) damages, and 3) a link between the fault and the damages. In your case, that link may be missing.
Answered on Aug 23rd, 2013 at 10:52 AM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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A medical question, note a legal one.
Answered on Jul 26th, 2013 at 9:40 AM

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Plaintiffs Personal Injury Attorney serving New Orleans, LA at David A. Easson
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What medications were prescribed?
Answered on Jul 24th, 2013 at 8:47 PM

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Yes, you have a case.
Answered on Jul 24th, 2013 at 8:44 PM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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This is a confusing scenario: First, why was your period was three weeks late but they say you were three months pregnant? You had two urine tests, both negative and it seems the doctors acted on that information. I also don't understand why the dr. who did the upper I scan said he wouldn't do it without a blood test, and then went ahead and did the scan with only a second urine test. And why wouldn't the other doc refuse to do a blood test? Finally, would an upper GI scan cause a miscarriage? With all that mix, it is very unclear.
Answered on Jul 24th, 2013 at 8:39 PM

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Personal Injury Attorney serving Bluffton, SC at Horton Law Firm, LLC
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Medical malpractice suits are difficult cases and no one can tell you whether you have a claim at this point. However, it would seem as though an attorney who is licensed in your jurisdiction who regularly litigates medical malpractice claims would be interested in speaking with you.
Answered on Jul 24th, 2013 at 8:38 PM

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Regulatory Attorney serving Spokane, WA
You would need to prove (1) not doing a blood test was against the standard of care and (2) the upper GI caused the miscarriage, or something that could have been treated with proper diagnosis caused the miscarriage.
Answered on Jul 24th, 2013 at 8:37 PM

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Motor Vehicle Accidents Attorney serving Van Nuys, CA at Law Offices of Andrew C. Sigal
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You need to speak with an attorney who specializes in Medical Malpractice.
Answered on Jul 24th, 2013 at 8:37 PM

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James Eugene Hasser
It will take the opinion of a medical expert to answer that question. Seek the opinion of a medical malpractice lawyer. They will be able to get an expert to review your records and give an opinion.
Answered on Jul 24th, 2013 at 8:36 PM

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