What to do about a miscarriage after medical procedure that involved anesthesia?

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What to do about a miscarriage after medical procedure that involved anesthesia?

Is there anything I can do if I had a miscarriage after a procedure that was performed by a doctor but no pregnancy test was done before the procedure. I did not know I was pregnant until after the procedure was done and they did not administer a pregnancy test until 2 days after the procedure was performed.

Asked on June 26, 2012 under Malpractice Law, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Sorry to hear about your miscarriage.

It would be advisable to obtain your medical records and have them reviewed by another doctor.  If that second doctor writes a report that supports your claim for medical malpractice, it will be important evidence in your case.

Medical malpractice is negligence.  Negligence is the failure to exercise due care (that degree of care that a reasonable medical practitioner in the community would have exercised under the same or similar circumstances to prevent foreseeable harm).  Prior to filing a lawsuit for negligence against the first doctor, it may be possible to settle the case with the first doctor's malpractice insurance carrier.  Your claim filed with the malpractice insurance carrier should include your medical bills, medical reports, and if applicable documentation of any wage loss.  Compensation for the medical bills is straight reimbursement.  Compensation for wage loss is straight reimbursment.  The medical reports will document the nature and extent of injury and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills.  If the case is settled with the malpractice insurance carrier, NO lawsuit is filed.  If you are dissatisfied with settlement offers from the insurance carrier, reject the settlement offers and file your lawsuit for negligence against the first doctor.  If the case is NOT settled with the malpractice insurance carrier, you will need to file your lawsuit for negligence prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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