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Can I start a lawsuit against medical care provider for my miscarriage due to lack of proper care?

Denver, CO |

I just had a miscarriage last week.The emergecy doctor asked my blood type(ONegative)and asked if i was given a shot of Rho-gam. I told her no and she advised that I should have been given the shot after my first abortion 6 years ago.unfortunately, I was not made aware of that when I had my abortion.I had my physical 6 months ago where they took my blood sample and were notifed of my termination. Then after I was 1week pregnant I went there to confirm my pregancy.i was scheduled for my first visit with the doctor after 8 weeks. However, I started bleeding had cramp after 6 weeks. I went and was told that is normal and they did an invasive ultrasound which showed a heart beat. The bleeding and cramps continued and the miscarriage occured after a week. Please advise!

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Attorney answers 1


Losing a child is the greatest tragedy, but it may not be in your best interests to pursue a lawsuit arising from your loss. We caution all potential clients that medical malpractice claims are very difficult to win - few settle and those that are tried are won by the doctor 9 out of 10 times. Those cases which have the best chance for a good outcome for the plaintiff are those where a clear act of negligence, or omission of appropriate care, are clearly apparent in the medical record.

You indicate that your preganancy was about six weeks along when you suffered the miscarraige. On the offical RhoGAM website it states:
Because you are most likely to be exposed to your baby’s blood during the last three months of pregnancy and at delivery, your doctor will likely prescribe at least one dose of RhoGAM® Ultra-Filtered PLUS at around 28 weeks of pregnancy. You will then be given a second dose for added protection within 72 hours of delivery—if your baby is found to be Rh-positive. As an Rh-negative woman, you will need to receive RhoGAM® Brand during each pregnancy to prevent sensitization of your blood.

It does not appear that the lack of the RhoGAM shot is associated with your miscarriage.The March of Dimes reports that approximately 1 in 4 pregnancies end in miscarriage, and the defense would argue that your miscarriage was one of the "spontaneous" miscarriages which occur without negligent care. However, if you beleive other factors need to be considered in deciding whether to pursue a lawsuit, you should contact a Colorado medical malpractice lawyer promptly.

Please keep in mind that you have a two year statute of limitations in Colorado for filing a medical malpractice claim, you must file within two years of the act of negligence or lose your right to do so. Other time limitations may apply.

The information provided to you in this answer is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation if you have further questions.



I recently had a miscarriage at 5 weeks , would like to know if it would be a good idea to persue a lawsuit against my employer. for my first weeks of pregnancy we had to lift boxes full of charts weighing from 35-45 pounds. My manager knew of the pregnancy .