Obviouslly, you should get to an OBGYN. Perhaps consider going to a different one given what happened. If I had to guess, the positive test result "slipped through the cracks" and when you called someone pulled your chart and the person who reviewed it determined that they failed to inform you of the positive test results. You should secure your telephone records because this will prove nobody called you last year as they have suggested. You should also contact a lawyer. Failure to have an effective recall and reminder system in place is definitely medical malpractice.
If you want to investigate a case, 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. They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.
Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability.
Click here for an article that explains what you can and should expect when pursuing a medical malpractice case.
Click here for an article that explains how and what clients are charged when they hire an attorney to pursue a medical malpractice case.
Click here, here and here for more information about me.
Click here for summaries of some of the cases that I have litigated.
Click here to review articles that I have published.
If you found this information helpful, I would appreciate it if you would click here and take a few seconds to provide some feedback online.
Please understand that by answering your question in this informal forum I am not acting as your attorney. I am not doing anything to protect any legal rights that you have. Medical malpractice cases need to be thoroughly investigated and to know whether you have a viable case, an attorney usually has to obtain and review all of the pertinent medical records and consult an expert. John Ratkowitz, Esq. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com. Click here for my website.
Answered on Jun 06th, 2015 at 8:32 AM