Can i sue my gynae

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can i sue my gynae

I have been to my gynecologist for 2 times and in that 2 times he never checked
for my urine. It was /- 1 week after i have been to the gynecologist that at 24
weeks my water broke, after asking him how this happened he said he doesn’t know
but another midwife friend of my mom said most of the time when the water breaks
could be as a result of bladder infection which the gynecologist couldn’t have
seen since he never checked my urine

Asked on February 13, 2018 under Malpractice Law, Mississippi


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

First, what happened because of this? Were you or your child badly injured or made very ill, or did you incur large medical costs which you would not have otherwise incurred? This is the critical question because even if there was negligence or malpractice, the law only gives you compensation for the actual harm you suffered or costs you incurred. If, as we hope, you and your child are ok and you did not incur many thousands of dollars in extra medical costs, there is no point in suing: even if you won, you'd spend more on the case than you would get back. 
If there was significant injury or costs, then the question becomes whether this was negligent (malpractice is medical negligence). That depends on whether a reasonable gynecologist would have checked your urine. Do you have any opinions or evidence from *doctors*--not a mid-wife, who is not a medical expert for this purpose--that a reasonable gynecologist would have checked your urine those times? Unless there is a supportable medical reason or opinion that he should have, he would have done nothing wrong.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption