I was not contacted with information by my obgyn about results from a detailed ultrasound. Can this be a case for negligence?

Asked over 1 year ago - Middletown, MD

The ultrasound showed a small subchorionic hemorrhage. Followup ultrasound was recommended to ensure resolution. Dr received report sept.20th from ultrasound center. I miscarried at 11 weeks on oct.7th. There is a fair amount of info that suggests bed rest or light duty is what should be advice from dr. I am a bartender/server right now and worked a 12 hr shift on my feet the night before I started to miscarry. I didn't have the chance to change my schedule or work less, which I surely would have done should I have been informed of the status of my pregnancy. I have been treated for Lyme disease and am 35. Both other reasons of hundreds this may have happened. But something I could have done was not communicated to me by the dr I chose to trust with my baby's life. Now it's gone.

Attorney answers (2)

  1. Michael Ryan Juarez

    Contributor Level 16

    2

    Lawyers agree

    Answered . Medical malpractice cases are fact specific and winning depends on the physician making an unreasonable mistake. I highly recommend speaking with a local attorney who would be open to a contingency form of payment. I'm sorry this happened.

    -Michael R. Juarez Law Office of Juarez and Schaeffer PO Box 16216 San Diego, CA 92105 (619) 804-4327 www.jslaw.... more
  2. Glenn Jay Holzberg

    Contributor Level 13

    Answered . i am so sorry to hear about the miscarriage. Would this have been your 1st child, as if so that will add to your damages by way of pain and suffering mental anguish, etc. (this is an honest factual appraisal and not intended to diminish the loss of any child). You may have a viable case which will require review by a qualified medical malpractice attorney in your area and review by an experienced OB/GYN to give you an opinion as to whether this is actionable malpractice. Your case will likley turn upon the issue of causation- i.e. whether the failure to give advice re bed rest light duty, delay if any in follow up ultrasound (was it set before or after 10/11, did you cancel and reset, would an earlier ultrasound have showed a progressing hemorrhage, was it repairable without harm to the fetus?) etc, was the legal and proximate cause of your miscarriage, while the defense will argue that there are many reasons for a miscarriage.
    I would look for lawyers who are members of the AAJ (American Association for Justice, f/k/a The Association of Trial Lawyers of America) and who specialize in medical malpractice claims.

    Good luck and i am sorry for your loss.

    LEGAL ADVICE: Unless you have retained me as your attorney, and I am currently engaged by you and providing you... more

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