Can I sue for medical malpractice for a miscarriage?

Business 8 views 4 answers
I searched my insurance provider for an obgyn once I found out I was pregnant in October 2016. I went to the office and was met by a nurse not the doctor. My first visit I was prescribed meds for morning sickness about a week later I got very ill. I called the office to speak to the doctor (whom I still did not meet) I was told to go to emergency room. After that visit to the E.R I went back to the office I was met by the nurse (still no doctor) who prescribed more meds and scheduled me for an ultrasound. After still not feeling well and losing over 15 lbs in a month I called the office the receptionist explained that doctor left the facility a long time ago and I was meeting with the nurse practitioner. At the ultrasound found out there was no heartbeat. The nurse practitioner never explained to me that the doctor was not practicing at that facility. The only time I met a doctor there was the one who explained the miscarriage on my last visit.

Attorney Answers

4
Philip Fabiano ·
I am very sorry for your loss. I am not from your state but often states do not permit claims based on harm to a fetus of a certain gestational age. I suspect Florida may severely limit such claims though they may feel differently when an abortion is involved. You should check with local counsel. Malpractice is care and treatment that falls below the standard of care and causes injury. The standard of care is basically the level at which the average, prudent provider in a given community would practice. It is how similarly qualified practitioners would have managed the patient's care under the same or similar circumstances. Injury typically must be severe or permanent in order for the claim to be economically feasible to pursue even if there is malpractice. These cases are very expensive and risky to pursue. Unless it appears there would be a meaningful economic recovery to the patient the cases are cost prohibitive to pursue. In order to find out if you were the victim of negligence, you need to retain a lawyer willing to investigate the claim. The lawyer will gather your medical records and have them reviewed by a medical expert who will be asked to offer an opinion as to whether 1. the care and treatment you received fell below the applicable standard of care and 2. caused an injury. There is no claim to pursue unless and until such an opinion is secured. Also, you realize you are in a Republican state, right? You​ state under the canard that there were frivolous lawsuits harming your access to medical care passed laws that severely limit the rights of ordinary folks to seek justice.
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Robert P GarvenAppeals LawyerCoral Springs, FL ·
I would contact a medical malpractice attorney immediately; you need to discuss the details of your situation in full. A review of the records is necessary.r
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Lars A. LundeenPersonal Injury LawyerRutland, VT ·
I suggest that you file a formal complaint with the state agency which licenses the nurse practitioner and the medical facility. Nothing you have posted indicates that medical negligence was committed here. An expert in OB/GYN would need to review your records to see if they have a contrary opinion. You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statements to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on .com dealing with many of the issues you are now facing. You can access my Legal Guides through my profile page on .
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