Can I sue an emergency room doctor for a miscarriage? - Injury Law Questions and Answers- LawQA.com

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Can I sue an emergency room doctor for a miscarriage?

I recently miscarried. When I went to the E.R for it, the Doctor told me I was never pregnant even though I was. Do I have a lawsuit?

Answer By Eddie W. Wilson
Wilson & Hajek, LLC
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On those facts alone, no. No damages.

Answer Applies to: Virginia
Replied: 5/25/2011

Answer By Luke T. Pepper
LT Pepper Law
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If you can show you were pregnant and that the doctor caused the miscarriage you can sue the doctor and hospital. Whether you will be successful will be based on what you were being treated for and whether you suffered a miscarriage to the negligence of the doctor.

Answer Applies to: Pennsylvania
Replied: 5/24/2011

Cody and Gonillo, LLP
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You would have to obtain the opinion of another medical professional that malpractice occurred.

Answer Applies to: Connecticut
Replied: 5/23/2011

Answer By Patrick Curry
Law Office of Curry & Westgate
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You need a medical malpractice attorney to assist you.

Answer Applies to: California
Replied: 5/23/2011

Michael Anthony Wing, P.C.
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You need a medical expert in the appropriate field to answer your question: "was there a breach of the standard of care? And if yes, did that cause your damage?" I am sorry about your loss. Stay well.

Answer Applies to: Alabama
Replied: 5/23/2011

Ewusiak & Roberts, P.A.
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I am sorry about your loss. I heard a lot of smart people say that having a miscarriage is one of the most emotionally difficult things that a woman can experience. In order to assert a medical malpractice claim, it is necessary to establish that a doctor's negligence caused an injury. In the context of your situation, you would need to establish that the doctor's error caused or contributed to your miscarriage. If you have reason to believe that it did, you should consult an attorney in your area to discuss the details and determine whether there is sufficient evidence to proceed with a claim. Be aware that all states have time limits for filing lawsuits, so be sure to consult an attorney as soon as possible. Good luck.

Answer Applies to: Florida
Replied: 5/23/2011

Howard W. Collins, Attorney at Law
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Based on your question, he did not cause the miscarriage, so I doubt you have a lawsuit.

Answer Applies to: Oregon
Replied: 5/23/2011

Answer By Mark Leonardo
Law Office of Mark J. Leonardo
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If you went to the ER because you were miscarrying, there is no causation by the ER doctor to have caused your miscarriage, even if he misdiagnosed it. But the only way to tell for sure is to have an expert review the medical records to ascertain what happened medically. A medical malpractice attorney can have a nurse or physician review the medical records to provide an opinion.

Answer Applies to: California
Replied: 5/23/2011

David F. Stoddard
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If the doctor's actions, or failure to to diagnose a problem, caused you to have a miscarriage, you may have a suit.

Answer Applies to: South Carolina
Replied: 5/23/2011

Answer By Edmond El Dabe
El Dabe Law Firm
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You may have a lawsuit for failure to diagnose and/or medical malpractice. Consult with a medical malpractice lawyer.

Answer Applies to: California
Replied: 5/23/2011

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