Can I sue my gynecologist for not checking my condition that way that he should have?
Question Details: I had been to my gynecologist for 2 times and neither time did he check my urine. It was about 1 week after I had been to there at 24 weeks that my water broke. After asking him how this happened, he said that he doesn't know. However, another mid-wife friend of my mom said that most of the time when the water breaks, it could be as a result of a bladder infection which the gynecologist couldn't have seen since he never checked my urine.
First, what happened because of this? Were you or your child badly injured or made very ill, or did you incur large medical costs which you would not have otherwise incurred? This is the critical question because even if there was negligence or malpractice, the law only gives you compensation for the actual harm you suffered or costs you incurred. If, as we hope, you and your child are ok and you did not incur many thousands of dollars in extra medical costs, there is no point in suing: even if you won, you'd spend more on the case than you would get back.
If there was significant injury or costs, then the question becomes whether this was negligent (malpractice is medical negligence). That depends on whether a reasonable gynecologist would have checked your urine. Do you have any opinions or evidence from *doctors*--not a mid-wife, who is not a medical expert for this purpose--that a reasonable gynecologist would have checked your urine those times? Unless there is a supportable medical reason or opinion that he should have, he would have done nothing wrong.