What to do if I went to a OB/GYN for an annual exam and they failed to nortce that I was pregnant?

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What to do if I went to a OB/GYN for an annual exam and they failed to nortce that I was pregnant?

They did a pap smear and exam and issue to me birth control pills. Then 2 months later I went to another doctor and found that I was 4 months pregnant. Shouldn’t the previous OB/GYN have noticed this during the exam or done a test prior to issuing me birth control pills, which I took during my pregnancy due to lack of knowing I was pregnany? During that exam I was 2 months pregnant.

Asked on November 30, 2012 under Malpractice Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The first issue is: were you or your fetus harmed? If not, there is no point to legal action: you can only recover for actual injuries or medical costs in a malpractice case, so if no harm was done, there is nothing to sue for.

If you or the fetus were harmed because of the failure to identify your pregnancy, then you should consult with a medical malpractice attorney. If a reasonable physician would have noticed or determined that you were pregnant when the first examination was conducted, then the failure to do so may be malpractice; if that malpractice resulted in injury or additional medical costs, you may have a case.


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