QUESTION

If my doctor misdiagnosed my ectopic pregnancy what are my rights?

Asked on Mar 09th, 2013 on Personal Injury - Florida
More details to this question:
I found out I was pregnant in Feb. and a few days afterwards went to the ER because I had mild cramping and bleeding. Had an ultrasound that showed no bath but my uterus walls were thick. I told them from my limp I should be 8 weeks and a baby would be visible they agreed and did an internal ultrasound still no baby. Well I had my hcg beta quant levels read and they were 5, 000 still low for someone who should be 2months I was told to follow up with my own dr which I did my labs were redrawn and the dr started telling me it looks like I’m having a miscarriage that night I had bleeding again so the. Dr called me back the next day and said my numbers went up but didn’t double so she said she was going to call down to the ultrasound dept and see if they can squeeze me in. She called back and said she talked to the other dr and said an ultrasound wouldn’t stop me from having a miscarriage and told me to come in that next Monday for another test. So I had my blood drawn again and they dr talked about grieving about my loss she said she will get me on birth control and she will follow me till my hcg levels where normal the next day she left a message on my phone saying my numbers dropped and she will see me in a week for more blood work. So that following sat I was rushed to the ER in pain they got my records from the other hospital and after that its blurry I woke up in ICU with the surgeon telling me I had my right fallopian tube removed and she glad I woke up because she almost lost me because my vitals dropped low I was told the crash cart was rushed in the room. I kn. Ectopic pregnancy can happen to anyone but I’ve been complaining to my dr for over two weeks about it and it wasn’t caught or even brought up again.
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7 ANSWERS

Christian Joseph Menard
You need to get copies of all your medical records, including all laboratory work and imaging studies, relating to this pregnancy and have them reviewed by an independent medical expert in the field of ob/gyn. Whether you have a case of professional negligence can only be established by such medical expert opinion. Your damage, obviously is the loss of your tube if the tube could have been saved had you been properly diagnosed and or treated earlier. If the tube would have been lost in either event, you need to have other provable damage or injury.
Answered on Mar 15th, 2013 at 12:14 PM

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Ronald A. Steinberg
You need a competent OB/GYN to say that the first doctor was negligent in failing to properly diagnose your ectopic pregnancy. Malpractice cases require the testimony of experts, not lay people.
Answered on Mar 12th, 2013 at 10:48 PM

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You can sue for medical malpractice if you can find a doctor who will testify that your doctor's care did not measure up to the standard of care in the community.
Answered on Mar 12th, 2013 at 8:34 PM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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In order to prove a medical malpractice case, a claimant must prove a failure to conform to accepted practice, resulting in an injury. A bad result is not enough, and if it is a "judgment call" by the doctor, there is no malpractice, even if the doctor made the wrong call. You will need to get copies of ALL of your medical records and have a surgeon review them; if he/she is willing to testify that your previous surgeon(s) failed to conform to accepted practice, then you have a case.
Answered on Mar 12th, 2013 at 8:26 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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I don't know anything about birthing babies. It is rather obvious that you had a troubled pregnancy and there may not have been anything to have made a difference. If you are interested in proper inquiry you need to find a doctor who believes that there was malpractice involved and further that the doctor will testify for you in court. If you get that far you may be able to make a case.
Answered on Mar 11th, 2013 at 11:05 PM

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James Eugene Hasser
The question is whether the Dr. failed to follow proper protocol, and caused the pregnancy to terminate. There's also the question of whether the fetus would have survived had the Dr. followed proper protocol. An additional question is whether the Fallopian tube needed to be removed. All of these questions should be posed to a Dr. practicing in the same field. Lawyers that do medical malpractice cases usually have Drs. that will review records for them. You might want to consult a lawyer familiar with Alabama medical malpractice cases. Good luck.
Answered on Mar 11th, 2013 at 9:49 PM

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Automobile Negligence Attorney serving Orlando, FL at Kelaher Law Offices, P.A.
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Before you can bring a claim for medical malpractice, you have to have another "similar health care provider" be willing to testify that the original doctor deviated from the standard of care. Ask your gynecologist if surgery would have been necessary if they would have made an earlier diagnosis, and if the answer is still YES, then chances are the case wouldn't warrant the expenditure of obtaining the expert opinion.
Answered on Mar 11th, 2013 at 9:46 PM

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