QUESTION

Can a doctor be liable for malpractice if bad timing resulted in a pregnancy? How?

Asked on Jun 11th, 2015 on Personal Injury - Washington
More details to this question:
I have been on Depo-Provera for 1 year. I had a shot in July that went unrecorded. I got my shot in October and apparently was due for my next shot sometime between Dec 26th-Jan 7th. It was not administered until Jan 21st, after a negative urine pregnancy test. In the mean time between Jan 7th and Jan 21st, I had a period,, and unprotected sex. if ovulation occurred and the pregnancy was too soon to be detected via a urine preg test, can doc be sued for malpractice?
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7 ANSWERS

Edwin K. Niles
Of course you can sue. However (thanks to the doctor lobby) Med (and Dental) Mal cases are quite difficult. First, one must obtain a certification from an independent doctor that there was negligence. This is where the claim usually stops, as most lawyers will expect the client to cover the costs of this review/report(up to $5,000). Next, most malpractice insurance policies have a provision for approval of any settlement by the insured doctor. That doctor, human nature being what it is, will often refuse to approve any settlement, as he doesn?t think he did anything wrong. Finally, there is a cap on how much can be awarded for pain and suffering, thus making these cases unattractive to lawyers. There are lawyers who specialize in Med Mal; your local bar association may be able to refer you to one.
Answered on Jun 11th, 2015 at 4:58 PM

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Plaintiff Animal Bites Attorney serving Missoula, MT at Bulman Law Associates PLLC
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Not successfully.
Answered on Jun 11th, 2015 at 2:52 PM

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James Eugene Hasser
There is no claim for wrongful life in Alabama. However, it never hurts to consult an experienced medical malpractice lawyer. Good luck.
Answered on Jun 11th, 2015 at 1:10 PM

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Not very likely. You had some responsibility for seeing to contraception during the interim.
Answered on Jun 11th, 2015 at 12:36 PM

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Ronald A. Steinberg
I don't think so. Pregnancy involves some conscious choices and intentional actions, and would undoubtedly be considered an "intervening cause."
Answered on Jun 11th, 2015 at 11:55 AM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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Doubtful. Medical science is not exact, some processes of the human body are unpredictable. That's my view anyway, but go ahead and pick up the phone and call a few med-mal lawyers in your area.
Answered on Jun 11th, 2015 at 11:51 AM

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Thomas Edward Gates
There was no malpractice. You had the responsibility to schedule the treatments and failed to do so in a timely fashion.
Answered on Jun 11th, 2015 at 11:15 AM

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