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Can you sue a Doctor if he would have been the one and only reason you had a miscarriage, but luckily you didn't listen to him.

Wilkes Barre, PA |

My sister recently found out she was pregnant after losing her one and only child 11 or 12 years ago. She was already about 8 months along when she lost her baby the first time. Then this time after all these years of trying she gets pregnant and the doctor told her she had a low progesterone level and she would have to do a cream. They couldn't find a pharmacy that had it in then they called her after her second blood tests and told her exactly this "your progesterone level dropped and at the level it is now we will not support any further treatments (the cream which she hadn't received yet) or you going on with this pregnancy. You are going to have a miscarriage, call us when you start to bleed and we will do a d&c." I told her to do the cream anyway and the baby is fine, no thanks to DR

You cannot just tell somebody this is what's going to happen you're going to lose your baby you waited over a decade for without trying anything to save it or giving her any other options. If I being the protective caring sister I am hadn't done all this research about the progesterone levels and sustainability of a pregnancy with such levels my sister would have LOST this baby because of him, and people are suppose to trust him? count on him? he gave her NO options NO hope. It makes me sick. As a doctor your number one choice should always be to sustain life, not take it away. Thank you.

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Attorney answers 5


I am happy to hear that all went well with the baby. However, unless there is an injury, usually a catastrophic one, an attorney will not accept a potential medical malpractice case. In this instance, while the Doctor's advice may not have been correct, everything worked out well.


If the baby was born, the mother was unhurt and there were no damages suffered except ill feelings toward the Doctor you most likely do not have a claim. You must have had suffered some type of damages due to the deviation of the standard of care of the doctor. If the doctor felt your sister would have a miscarriage based on past history and advised her of that and she luckily did not, there is nothing that can be done because there are no damages. If the doctor was advising her of the worst case scenario and the best case scenario happened then be happy the best case happened. If you feel that you need to speak to the doctor and inform him of your concerns you can do so, but if there was NO harm and NO damages, then there is no claim.

Contact me for further detailed questions and answers. 215-561-0877 DISCLAIMER: Matthew Solomon is licensed to practice law in both the State of Pennsylvania and the State of New Jersey.This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. This answer does not constitute the establishment of an attorney-client relationship.


First and most important it is good to hear that your sister's baby is doing fine. Under Pennsylvania law in order to proceed with a claim, you must be able to prove not only the doctor did something wrong, but that it also caused a harm or injury. Based upon what you have shared, there would not be a basis to proceed. However, you did one of the most important things a patient or family member can do-you were a great advocate for your sister.


No, not successfully. What are your sister's damages? Thankfully she had a full-term pregnancy and a healthy baby.

This situation may be more appropriate for a complaint to the medical practice Board against this particular physician.

Legal Disclaimer:

If this information has been helpful, please indicate below.

Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

This ans. does not create an attorney/client relationship.


Without damages, a lawsuit would cost thousands more than would be recovered. The only way to know if there was malpractice is to retain a local med mal lawyer who can order the medical records and send them to an expert to review to ascertain whether there was a breach of the standard of care.

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