If an ER missed the fact that my wife was having an ectopic pregnancy which resulted in her having to have a fallopian tube removed, what are her rights?

UPDATED: Jan 30, 2015

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: Jan 30, 2015Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If an ER missed the fact that my wife was having an ectopic pregnancy which resulted in her having to have a fallopian tube removed, what are her rights?

My wife went to ER one night as she was experiencing vaginal bleeding. A pelvic exam was administered, but that’s it. Referred to a GYN approximately 1 week later and a pregnancy test was administered. My wife had an ectopic pregnancy that was missed at the ER. The tube was unsalvageable and had to be removed.

Asked on January 30, 2015 under Malpractice Law, Indiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

IF an ER would normally (under accepted standards of medical care) have been expected to have diagnosed an ectopic pregnancy if someone comes in for vaginal bleeding, AND ALSO IF, had they done so, it would have been possible to have done something about the pregnancy and spared the tube, you may well have a malpractice case. But if ordinarily, under reasonable standards of care, the ER would not be expetd in these circumstances to spot an ectopic pregnancy, there is no liability (no wrongdoing or carelessness); and if even if they had spotted it, it would not have changed anything, there are no damages (the failure to spot the ectopic pregnancy did not cause harm). You need to consult with a medical expert to see if under the circumstances, what was done was both careless and may have caused injury.

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 AttorneyPages.com 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