Would it be possible to sue my OBGY regarding my miscarriage if I to the doctor that same day for cramps and all that was done was an ultrasound?

UPDATED: Oct 1, 2022

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Would it be possible to sue my OBGY regarding my miscarriage if I to the doctor that same day for cramps and all that was done was an ultrasound?

About 7 months ago, I went to the OBGYN for bleeding and cramping. A test was done and confirmed that bleeding was from myself and not my baby girl. The doctor then proceeded to check the baby with an ultrasound. I saw a beautiful perfect baby girl with a 150 heartbeat me being a highrisk patent as is I honestly thought a internal exam would have taken place but OB was too busy and I was rushed threw at midnight at 12:40 I had a miscarriage on my kitchen floor with husband

as a shoulder. Went into hospital to deliver placenta and make sure it was intact after hours of probing and lots of crying we had to subcome and return home to explain to our children that baby was gone even though she was healthy and alive hours before.

Asked on November 24, 2017 under Malpractice Law, Louisiana


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

Answered 5 years ago | Contributor

Sorry to hear about your miscarriage.
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).
It may be difficult to prove malpractice unless you can establish that failure to do an internal exam caused the miscarriage.
It would be advisable to have your medical records reviewed by another obgyn.  If that doctor writes a report supporting a malpractice claim, then proceed with it.

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