Legal Question in Medical Malpractice in California
Refusing examination of pregnant woman
Hi.. i was 33 weeks pregnant, this is my 3rd pregnancy I lost the second pregnancy at 25 weeks two and a half years ago. at my last ultrasound the nurse informed me that the size of the baby was perfect except his belly was a little smaller than what it is supposed to be and made me an appointment for the next week. I showed up the next week, i paid my co-pay (which I didnt get back) and went into the exam room, there was a doctor and when he looked at my chart he said that I didnt need to get checked because it was only 11 day difference of growth, then he told me to make another appointment after 4 weeks. that same day 6 hours later I was having a severe placental abruption and the baby had to be delivered in an emergency c-section. The baby was taken to another hospital in a very critical condition, he suffered deprevation of oxygen during and after delivery. he is still at the hospital with little improvements so far. My ob doctor told me today that all they know about the abruption is that it evolved to that point. My question is this, is the ultrasound dr. liable for refusing the examination which could have showed some indication of what was happening inside me that could have prevented some of what happened?
2 Answers from Attorneys
Re: Refusing examination of pregnant woman
Possibly. We would need to investigate further. You should consult with an attorney to have this matter reviewed farther as soon as possible.
JOEL SELIK Attorney at Law
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Re: Refusing examination of pregnant woman
Any claim of medical malpractice requires a doctor to testify on your behalf that the treatment, the lack of exam less than a week after the previous exam, "fell below the standard of care" in that area of medicine, taking into consideration your medical history that they were aware of [they were aware, right?]. That means that before you can file suit, you must find another OB doctor willing to give such opinion in court "to a medical certainty". Start with the ER doctors, your treating doctors, and work forward from there. We can help you locate potential expert doctors to consult with if necessary. You will need to obtain your entire medical chart/file for them to review.
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