What to do if while pregnant I went into a check-up visit of which my doctor performed a PAP test on me and later that night I had a miscarrage?

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What to do if while pregnant I went into a check-up visit of which my doctor performed a PAP test on me and later that night I had a miscarrage?

I went into my OBGYN for my monthly check-up of which my doctor performed a PAP test on me because I was due for one. After leaving the doctor’s office, I was experiencing lot of bleeding. I called in and told them the symptoms I was having. However, my doctor told me that I was fine, that bleeding usually follows after a PAP is performed. My doctor also said that I did not need to go back into the office but a few hours later O had a miscarriage.

Asked on June 20, 2012 under Malpractice Law, Colorado

Answers:

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

Answered 9 years ago | Contributor

Sorry to hear about your miscarriage.

It would be advisable to have a second OBGYN review your medical records and if that doctor writes a report supporting a claim of malpractice against the first doctor, that will strengthen your case against the first doctor. 

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).

If the second doctor's opinion supports a claim of malpractice against the first doctor, 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 documentation of any wage loss.  Compensation for the medical bills is straight reimbursement.  Compensation for pain and suffering is an amount in addition to the medical bills.  Compensaion for wage loss is straight reimbursement.

If the case is settled with the first doctor's malpractice insurance carrier, NO lawsuit is filed.  If you are dissatisfied with settlement offers from the first doctor's malpractice insurance carrier, reject the settlement offers and file your lawsuit for negligence against the first doctor.  If the case is NOT settled with the first doctor's malpractice insurance carrier, you will need to file your lawsuit for negligence against the first doctor prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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