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.org Mike@jslaw.org This posting is provided for “information purposes” only and should not be relied upon as "legal advice." Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principles discussed here may differ substantially in individual situations or in different jurisdictions.
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 with legal advice and services, nothing in this post is intended to be, nor may it be construed as, legal advice.
Sign up to receive a 3-part series of useful information and advice about personal injury law.