QUESTION

What legal action can I take if the doctor's negligence resulted in my miscarriage?

Asked on Dec 31st, 2011 on Personal Injury - Virginia
More details to this question:
As a minor, I was placed under ward of the court. I was given a pregnancy test when I first arrived at the facility. I never received any prenatal care. My first doctor's appointment wasn't until two months after I lost the baby. If I received proper care I would have learned that my blood type is RH-. My body literally aborted the baby thinking it was a foreign object. I was under the care of the state but my condition turned out differently than what should've been.
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6 ANSWERS

Criminal Defense Attorney serving Montrose, NY at Law Office of Jared Altman
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How long ago was it that you lost the baby? There are strict time limits.
Answered on Jul 02nd, 2013 at 2:54 AM

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Products Liability Attorney serving Durango, CO at Law Offices of Richard Copeland, LLC
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The type of action that you would file is called a medical malpractice case, and you should know up front that they are difficult, expensive, and very time-consuming to prosecute. To prove that the doctor's negligence caused the miscarriage will require you to prove the doctor's conduct fell below the standard of care for his specialty. This will require expert testimony, substantially increasing the cost of your prosecution of the case. From the facts that you have given about the case, I think you have little likelihood of prevailing. Based on what you've stated, I would not take the case because I do not believe that you would succeed at trial. Keep in mind that if you did not succeed at trial, you can be subject to an award of costs against you for having sued the defendant.
Answered on Jan 17th, 2012 at 6:09 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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You need to acquire all medical records about your care and you need to find a doctor who will review those records. That is the way all malpractice cases are started. The doctor will charge a fee and this will be only the start of costs. If you have no funds, consult your local bar about pro bono help. It will not be easy.
Answered on Jan 16th, 2012 at 5:39 PM

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Plaintiff Animal Bites Attorney serving Missoula, MT at Bulman Law Associates PLLC
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Depends on when it happened. The latest you could file a claim would be your 19th birthday. Under the circumstances, I don't know how to overcome the predictable jury bias against awarding damages against the State of Montana, which is themselves as taxpayers. Do you have other children?
Answered on Jan 16th, 2012 at 5:15 PM

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Bankruptcy Chapter 11 Attorney serving Dacula, GA at Chronister Law Firm, LLC
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One question that needs to be answered is when did this occur. You have a statute of limitations in a tort claim; in Georgia the statute is 2 years from the date of injury or when you discovered (should have discovered) the injury. This statute of limitations is tolled, however, if you are a minor. In that case, you would have until age 20 to file a tort claim for something that happened to you as a minor. Then a determination will need to be made by an expert witness (another doctor of like qualifications) that will testify that the standard of care provided by your attending physician was breached in some manner. Without this expert opinion, you cannot bring a claim for medical malpractice. A personal injury attorney that handles medical malpractice claims will not charge you to listen to your claim details. If the attorney is interested, then the attorney will make arrangements for an expert to look at your medical records and other historical documents.
Answered on Jan 16th, 2012 at 5:06 PM

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Personal Injury Attorney serving Richmond, VA at Blank & Marcus, LLC
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Before you can be answered, you must have a Dr. willing to put in writing that you were the victim of a doctor's negligence and what the negligence was. You cannot proceed with a medical malpractice case in Virginia unless you have a written opinion from a doctor that malpractice has occurred. If and when you get that; then you need to consult an attorney who handles medical malpractice cases.
Answered on Jan 16th, 2012 at 4:38 PM

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