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?
Question Details: 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 with a 150 heartbeat. However, with my being a highrisk patent, I honestly thought that an internal exam would have taken place but my OB was too busy, so I was rushed through. At 12:40 am I had a miscarriage on my kitchen floor with husband as a shoulder. I went into the hospital to deliver the placenta and make sure that 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.
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.