Could it be a lawsuit for malpractice concerning supposed ectopic pregnancy?

UPDATED: Sep 30, 2022

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Could it be a lawsuit for malpractice concerning supposed ectopic pregnancy?

O went to ER last month for abdominal pain; I was 6 weeks pregnant. The doctors did abdomen ultrasound and vaginal ultrasound and but could not find the fetus. I was informed that it was an ectopic pregnancy, so they did surgery and removed my right ovary and fallopian tube. Long story short, I went for appointment today to get results of the operation, only to be informed that there was no baby found in the tube and the reason for surgery was that my ovary didn’t

Asked on October 13, 2016 under Malpractice Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

It *may* be malpractice. The issue is whether the decision that this was an ectopic pregnancy and the action they took in regards to it was "reasonable" given your symptoms, the scan/test results, etc. Doctors are not held to a standard of perfection; the law accepts that sometimes they do everything right but yet are wrong. The issue is whether their diagnosis and procedure(s) were "reasonable"--that is, would the average well-trained doctor, presented with the evidence that these doctors had, come to the same conclusion and do the same thing?
If the average doctor would have thought it was an ectopic pregnancy and acted this way in these circumstances, it was not malpractice even if it was wrong. But if these doctors made a mistake that they should not have--they were careless, for example, or jumped to conclusions when they should have done more tests--then it may be well be malpractice and if it were, you could potentially recover for pain and suffering, life impairment, medical costs, lost wages (if any), etc.
So you need to get some sense medically about whether what they did was right or wrong. You may wish to consult with a medical malpractice attorney who can possibly refer you to a doctor who could evaluate you and help determine if this was proper medical care or not.

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.

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