Is it considered medical malpractice if the doctor forgets to tell a pregnant patient that she has a vaginal infection?

UPDATED: Oct 1, 2022

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Is it considered medical malpractice if the doctor forgets to tell a pregnant patient that she has a vaginal infection?

Abou 2 weeks ago, my pregnant fiance went to a medical center for nausea and received anti-nausea medicine. Upon returning to the same medical center 12 days after her 1st visit, the doctor asked her if she was taking the antibiotics for her

Asked on January 11, 2019 under Malpractice Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It may be malpractice, but it is not worth suing or taking legal action over if, as we hope, your wife recovers quickly and fully, and your baby is not harmed.
It may be malpractice becaue it would be negligent, or unreasonably careless, to not inform a patient of an infection the doctor dedicated.
But malpractice cases are expensive to bring: besides a lawyer (which you are not legally required to have, but is a very good idea), you MUST hire a medical expert (e.g. another doctor) to examine your wife and her records, write a report, and testify: this can cost several thousand dollars, and even if you win, you have to pay it yourself--you can't get it from the other side.
But at the same time that a malpractice case can be expensive to bring, you can only recover compensation for: out-of-pocket medical expenses (not paid by insurance or Medicare/caid); lost wages or earnings, if any; and "pain and suffering" for long term (typically months, years, or permanent) significant life impairment or disability. If a person experiences a medical scare and a few days, even a few weeks, of sickness, but otherwise recovers and does not run up many thousands or tens of thousands of dollars of medical costs, you can't sue for enough to justify the cost of the lawsuit--you'd spend more than you get.
So if, as we hope, your fiance and child are ok, there is almost certainly no point in legal action.

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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