QUESTION

What can I do if I was misdiagnosed and had lab errors during pregnancy?

Asked on Mar 14th, 2013 on Personal Injury - Florida
More details to this question:
I found out I was pregnant 1-13-2009 via home pregnancy test. About 2 days later I was feeling a crampy and went to the local ER. Upon having blood work and an ultrasound done, the ER Dr. came in and told my husband and I that I had an ectopic pregnancy and would need surgery to remove the fetus. After removing my tube and ovary, I awakened from my surgery and my husband informed me that the surgeon explained to him that I was still pregnant and that the initial diagnosis of an ectopic pregnancy was wrong. A nurse came into my room and tried to help me to the bathroom when I got a severe pain in the lower side of my abdomen...I was returned to the OR for a second time to repair a(n) muscle hematoma. This time I was not put under anymore anesthesia and was only given local injections to my abdomen while I was WIDE AWAKE! I was traumatized. About 3-5 days later at a follow up visit to the local OBGYN he sent me for more blood work (at the same hospital) He called me later at my home and told me that my hcg levels had dropped and I was probably miscarrying. He gave me his home phone number and told me to call him over the weekend if I had started to bleed. For 3 days I was a mess..thinking I was miscarrying the whole time. On Monday the Dr. called me at my home again and asked if I had started to bleed at which point I said no. He asked me return the following day to the hospital lab for another round of blood work after which he called me and stated that the hcg levels were normal and that the previous tests were probably and error. My pregnancy was considered high risk because of the anesthesia that was used during my initial operation and I had numerous Dr appointments at a high risk clinic to check for fetal heart defects because of the anesthesia. I had major anxiety to the point that I didnโ€™t even want to get out of bed to go to work. My son was born and I went to the Dr. about getting anxiety medication.
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6 ANSWERS

Consult an experienced medical malpractice lawyer. At first glance, it seems you probably have a statute of limitations problem which could doom a lawsuit. There may be ways around it. Again, a lawyer to whom you tell all the facts is in a much better position to advise you in this complex situation.
Answered on Mar 17th, 2013 at 6:07 PM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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Anxiety is not sufficient grounds for a malpractice action. Get your medication (counselling, too if you can get it) and enjoy your new baby.
Answered on Mar 15th, 2013 at 10:24 AM

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Ronald A. Steinberg
If you can find a doctor whose credentials are similar to the person you wish to sue, and that doctor will testify that the first doctor committed malpractice, then you can file your claim. Doctors often times make errors; if it is an "error of judgment," that is NOT malpractice. You will not be successful without a qualified expert testifying for you.
Answered on Mar 14th, 2013 at 7:39 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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Your child was born normally and after all this anxiety and self diagnosing you are trying to build some kind of claim against somebody? Do I understand that correctly? I suspect some if not all of your anxiety preceded this delivery. It does not sound like you have anything worth pursuing. Would I be correct in assuming you are a charity patient as well.
Answered on Mar 14th, 2013 at 7:30 PM

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James Eugene Hasser
Medical malpractice cases are expensive, time consuming and risky. Lawyers that take them require there to be catastrophic injuries or death, which, fortunately, did not occur here. You probably won't be able to find a lawyer to even look at it. Alternatively, you may want to consider complaining to the local medical board. Good luck.
Answered on Mar 14th, 2013 at 7:00 PM

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Automobile Negligence Attorney serving Orlando, FL at Kelaher Law Offices, P.A.
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You can only bring a claim for medical malpractice if you can get a "similar health care provider" (another doc of the same specialty) to give you an affidavit saying that (1) there exist reasonable grounds to support a claim for medical negligence, and then later (2) that the doc deviated from and fell below the prevailing standard of care. Go hire a personal injury attorney skilled in handling medical malpractice cases as there are too many hurdles for you to navigate; as a matter of fact, most personal injury attorneys don't know how to handle medical malpractice cases.
Answered on Mar 14th, 2013 at 6:59 PM

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