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Wrongly diagnosed with miscarriage with little evidence and no confirmation with an ultrasound.

Ruston, LA |

At 7w1d pregnant, I woke up with a terrible feeling and all of the pregnancy symptoms gone. I went to the local Emergency Room department for an analysis. After a positive urine test, a closed cervix, and no sign of bleeding, the doctor decided to do blood work. He returned an hour later saying my HCG levels were less than one and that I had lost the baby. I was extremely distraught and hysterical. I spent to remainder of the weekend extremely ill. It got to the point where I had to page my doctor who said my symptoms sounded like food poisoning. On Monday, we went to my OB to discuss our options on the miscarriage only to discover a healthy baby. I have so much anger towards the ER doctor for not confirming his diagnosis with an ultrasound. Do I have any legal grounds to seek damages?

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Attorney answers 4


In my opinion, your situation, while terrible, is not likely enough to pursue a malpractice case. Reasonable minds could differ about this, but I think the damages are somewhat limited. Certainly the doc should have handled the situation better than how he handled it. You can file a complaint with the state agency if you feel so inclined and contact attorneys in your jurisdiction to see if they believe that you have a case. I am glad that your baby is healthy and I hope the rest of your pregnancy is uneventful.

David B. Snyder, Esq.
6876 Buckley Road
Syracuse, NY 13212
Mr. Snyder is licensed to practice in New York and practices Medical Malpractice Plaintiff’s work in Syracuse; he cannot offer legal advice in other states. This answer is meant to be a public service and not an attempt to solicit business. Moreover, my answer cannot be considered a legal opinion of your case / inquiry. Unless I am retained in a matter and have completed a full investigation of the underlying facts and law, I cannot give an opinion on which to rely. Furthermore, unless your matter concerns New York law, I am not licensed to practice or give specific legal advice in your state.


Thank goodness you followed up. However, you have a very positive baby to focus n now. Although you suffered emotional damages, given the expense of hiring independent medical experts yu wold likely spend more than you could recover. Congratulations on your good news.


Although there may be negligence here, the cost of pursuing such an action would likely eat up any recovery you could make, potentially even more. I am sorry to hear about the emotional roller coaster you experienced and happy to hear it ended well. Good luck.

The information you obtain at this site is not, nor is it intended to be, legal advice. The information provided does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action.


Congrats on your healthy baby. A lawsuit would likely cost more than would be recovered, but you can call one of the above lawyers to explain it to you in detail.

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