QUESTION

Am I a victim of medical malpractice if I'm a woman unaware that I'm pregnant, and I was given anestesia during a stent removal procedure?

Asked on Sep 24th, 2012 on Medical Malpractice - New Jersey
More details to this question:
The procedure was on Sept 4, 2012. I was told that they needed to test my urine for pregnancy before the procedure, because I was going to be sedated. I gave a urine sample, but I was not told the results. I don't even know if they tested the urine sample or if the results were ignored. I recently found out that I am about 6 weeks pregnant. Which means I was atleast 3 weeks pregnant during the procedure. I would have opted out of the procedure if I knew I was pregnant, because I wouldn't want to risk harming my baby with the anestesia. I feel that there is atleast some medical negligence by the hospital staff, and if my urine sample was actually tested to see if I was pregnant, then I should have been made aware of the results and given the opportunity to make an informed decision about moving forward with the procedure.
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1 ANSWER

Catastrophic Injury Attorney serving Roseland, NJ at John J. Ratkowitz
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If the pregnancy test was positive, then you received negligent care. The question will be what were the consequences of exposing the fetus to anesthesia and how this will impact you and your pregnancy. If everything turns out alright, then you will not have a financially viable medical malpractice case. I recomend that you deal with the medical issues for now. Talk to your OBGYN about what the risks are relative to the exposure to anesthesia. After the medical details are sorted out, then you will be in a better position to determine whether or not you should pursue a case.  If you reach a point where you think you should contact an attorney, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  Below are some articles you may find helpful.   Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here and here for more information about me.  Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com. 
Answered on Sep 24th, 2012 at 1:54 PM

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