I told her all of my symptoms including lower back pain I was having. She was not listening to me nor properly wrote down what I was there for in her notes. Bottom line with my throwing up, nauseous, hot flashes and so on she should had first gave me a pregnancy test. If she did, I would had not gotten the xray and more than likey not had a miscarriage. What can I do? What are my rights?
Car / Auto Accident Lawyer
I am very sorry for your loss.
You believe that your miscarriage was caused by the x-ray. I find this very unlikely but I am not a doctor. In order to pursue any type of medical negligence case a medical expert would need to review the records to determine if the standard of care was breached--in your case: 1. whether you should have been questioned about a potential pregnancy before an x-ray and whether an x-ray is contraindicated when a women is pregnant and 2. whether the x-ray was a subtantial contributing factor to the miscarriage.
Also, I assume from your question that you did not know you were pregnant, consequently you were not that far along in your pregnancy. Unfortunately most states do not recognize a claim for medical negligence in such a circumstance until a child is viable.
I do not think this is a claim but I would suggest you meet with an attorney who handles medical negligence cases in your state for a full evaluation of all the facts and circumstances of your care.
If you feel this is the "best" answer or is "helpful," please indicate. Since I am limited to the information you provide, I cannot guarantee the accuracy of the answer. You should seek the advise of an attorney who can explore all aspects of your question. This communication does not form an attorney client relationship.
You can certainly have a local malpractice lawyer investigate
Have a local malpractice lawyer investigate.
Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
Criminal Defense Attorney
Our firm regularly handles medical malpractice cases, I would suggest contacting our Bridgeport office to set up an appointment and discussing this matter further.
Contact us for a free initial consulation; at our NYC office at 212-405-2234 or our Bridgeport Connecticut office at 203-633-4567