do u think it is the hospital responsibility to give pregnancy test when preforming certain procesures and if they dont are they liable for the welfare of the fetus?

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do u think it is the hospital responsibility to give pregnancy test when preforming certain procesures and if they dont are they liable for the welfare of the fetus?

i was pregnant and i didnt know. i was
going back and fourth under anesthesia
and they never gave me a preganacy test
which i was told later was mandatory.
Due to have so much surgery and was on
dialysis i lost my child. the last time
going into surgery this pacific
anesthesiologist demanded a preganacy
test or she wasnt going to put me under
until i had one. thats when i found out
i was pregnant.

Asked on November 13, 2016 under Malpractice Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

There is no simple answer. If it was elective surgery, or even necessary surgery but none-urgent, then the most likely should have done a pregnancy test if the anaesthesia, etc. posed a threat if you were pregnant. But if it was emergency or urgent surgery, or surgery where there was no reasonable alternative in any event, there would have been no need to do this--if you needed the surgery no matter what, there would have been no grounds to delay or deny it, and indeed, delaying or refusing it could have itself been malpractice. You need more medical information before asking the legal question: that is, you need to find out from reputable medical sources (e.g. doctors) whether for this surgery, this anaesthesia, and for the specific circumstances under which you had the procedures, it was medically negligent, or careless, to not adminster the pregnancy test. When you know that answer, then the next question becomes whether you would have a case.


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