Is it medical malpractice for an existing blood disorder to go undiagnosed duringthe course of a pregnancy?

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Is it medical malpractice for an existing blood disorder to go undiagnosed duringthe course of a pregnancy?

My wife had a stroke. She is 32 and had it 1 1/2 years ago. She was several months pregnant; almost full term when she had the stroke at the hospital. The neurologists said it was caused by stress from the baby. Several doctors later after she was out of a neuro hospital, a new doctor sent her to a blood specialist. We found out that she has a blood disorder that she’s had all her life that clots her blood. Is anyone liable for not catching that she had this disorder or that she was misdiagnosed? Should we speak with a medical malpractice attorney? In Yuba County, CA.

Asked on July 24, 2011 California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for what happened to all of you.  Yes, go and seek help from a medical malpractice attorney in your area and please, please, please do it soon.  Proving medical malpractice can be very difficult.  Some states require that a physician "certify" for lack of a better word, that there has been a deviation from the required standards in treatment in order to even file a suit.  What really concerns me here is the running of the Statute of Limitations, which is the time frame in which you must bring the suit.  In California, amedical malpractice action for injury or death must be brought within one year from the date the claimant discovered the negligent act, but no more than three years from the date of injury. Cal. Civ. Proc. Code § 340.5 (West 1992).   So please, go now.  Good luck.


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