Legal Question in Personal Injury in Maine

if a doctor does not check for Spina Bifida during pregnancy can the child or mother sue?


Asked on 2/22/10, 11:16 am

1 Answer from Attorneys

Jerome Gamache Ainsworth Thelin & Raftice, P.A.

The legal cause of action for medical malpractice is measured by a breach of the applicable "standard of care" and the damages must be caused by that breach. Because the standard often depends on a particular patient's specific circumstances, it is hard to quickly answer a definitive yes or no in an email to your question.

I would think that the test you refer to is standard for all pregnancies, but I would need to obtain more information and review the standard of care with another doctor. Is the issue that had the test been performed and a positve result obtained, the pregnancy would not have been brought to term? Has the baby survived and needs extensive treatment?

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Answered on 3/01/10, 9:59 am


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