Legal Question in Medical Malpractice in Virginia

I was in a serious car accident and was taken to the hospital for observation. My husband took me to the ER. When I was taken to a room, the ER nurse gave me a small cup and asked me for a urine sample. I gave the urine sample and placed the cup on the table in the room I was in. A while later, another nurse took me to have neck x-rays and a CT scan. When I returned to the room, the urine sample was still on the table. I asked my husband, if anyone asked about the urine sample to be tested. He said that no one had came for the sample. At that point, I didnt think anything of it. I was released that same night with no serious injuries. Two days later, I was not feeling that good. I decided to take a pregnancy test just as a precaution. The test was positive. I was about 5 weeks pregnant at the time. A few days later I made an appointment with my doctor who confirmed my pregnancy. I feel that the hospital was negligent and should have tested the urine sample before giving me the x-rays and CT scan. I have a history of miscarriages and I was afraid that this could have affected my pregnancy. Is there anything that I should do in this situation? I want the hospital to know that procedure was not followed. There was "negligence by omission."

Asked on 7/15/11, 11:26 am

1 Answer from Attorneys

Michael E. Hendrickson Attorney & Counsellor at Law
0 users found helpful
0 attorneys agreed

To establish a written record of your concern, you could write a letter

to the hospital outlining the situation from your perspective and your concern that your developing fetus may have been injured or damaged by the hospital's

failure to follow procedures which you believe that should've been followed in your

particular situation as described.

Then retain a copy of this letter for your records and see what happens

with your pregnancy and its aftermath and whether any adverse occurances or developments that manifest themselves might possibly be linked to the hospital's negligence resulting from this visit to the ER.

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7/16/11, 12:21 pm

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