QUESTION
Do I have a lawsuit if the ER doctor gave me a ct scan while three weeks pregnant after I told him I may be pregnant?
Asked on Nov 19th, 2012 on Personal Injury - Ohio
More details to this question:
I told the doctor my husband and I we 're trying to have a baby. That we had unprotected sex etc. He did a urine test and nothing showed up. Later that month I found out that when he preformed that ct scan I was already three weeks pregnant. Now I'm told that he should had ran blood tests. And that my unborn child is now at a very high rise first all sorts if serious and life threatening problems!
7 ANSWERS
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Yes.
Answered on Apr 30th, 2013 at 3:17 AM
Ronald A. Steinberg
If your baby is born with problems attributable to the CT scan, then you MAY have a case. Why did I say "MAY" rather than guaranteeing it? Well, the ER doctor is held to a standard of "reasonableness." What that means is that if your symptoms upon getting the ER are such that a CT scan should be done, then that is okay to do. The doctor asked you if you were pregnant and you said NO. If you had said that you and your significant other had unprotected sex within the last month, then perhaps the doctor should have looked deeper. However, a urine test was taken, which is an acceptable way of determining whether or not you were pregnant at that time. Now, if you had unprotected sex AFTER the accident, then it is likely that you became pregnant then and not before.
Answered on Nov 22nd, 2012 at 3:52 AM
Nothing. No case. Your baby should be alright.
Answered on Nov 22nd, 2012 at 3:52 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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If the child is born without any of the problems that he/she is at risk for, then no, you have no case. If the child is born with one of the conditions for which the CT Scan elevates the risk, and you can prove the Ct scan Caused the problem, then you would have a case.
Answered on Nov 22nd, 2012 at 3:51 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You don't have a problem. You are anticipating a problem and assuming the dr is at fault. I don't know about any of that. why don't you get proper medical care and advice before you start making claims and planning lawsuits.
Answered on Nov 21st, 2012 at 6:46 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You have to show actual injury, not potential injury. Who says he should have run blood tests? A doctor? Will he/she write that as an affidavit and sign it? If not, then there is no case.
Answered on Nov 21st, 2012 at 6:39 AM
Personal Injury -- Plaintiff Attorney serving Cleveland, OH
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Mishkind Law Firm, Co., L.P.A.
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Probably not. I hope and pray that your pregnancy goes well and it probably will. Unless it can be proven that any complication was caused by the CT scan there is no basis for a lawsuit. I know you are worried and I would be as well but you likely have little to worry about and can't hold the doctor liable unless it can be shown that he knew you were pregnant and the CT scan was contraindicated. Even then, you must prove damages that occur and are not just possible as a result of the negligence.
Answered on Nov 21st, 2012 at 6:22 AM