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New here - Doctor made a hasty decision

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kmoutria

Junior Member
What is the name of your state (only U.S. law)? Nebraska

I am new to this forum and have been wondering about something that happened to us not quite two years ago for quite some time. I was five weeks pregnant with my daughter who just turned one. I went to the emergency room for excruciating pain. The doctor examined me and after a while ended up telling me that my pregnancy was not viable, and that the egg had implanted in my ovary. He was going to give me a medicine that is actually intended for cancer patients in order to abort. However, the place where the medicine was kept was closed for the weekend (it was late Friday), so he said to come back immediately on Monday. Well, I got a call from my doctor on Monday saying that his decision was hasty. She did an ultrasound and pinpointed the baby, and now our daughter is healthy and happy. We were very angry at the fact that I was about to receive an injection of that stuff because of his very quick decision. Is this grounds to take legal action, or not since I didn't actually receive the medicine? Thanks so much.
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? Nebraska

I am new to this forum and have been wondering about something that happened to us not quite two years ago for quite some time. I was five weeks pregnant with my daughter who just turned one. I went to the emergency room for excruciating pain. The doctor examined me and after a while ended up telling me that my pregnancy was not viable, and that the egg had implanted in my ovary. He was going to give me a medicine that is actually intended for cancer patients in order to abort. However, the place where the medicine was kept was closed for the weekend (it was late Friday), so he said to come back immediately on Monday. Well, I got a call from my doctor on Monday saying that his decision was hasty. She did an ultrasound and pinpointed the baby, and now our daughter is healthy and happy. We were very angry at the fact that I was about to receive an injection of that stuff because of his very quick decision. Is this grounds to take legal action, or not since I didn't actually receive the medicine? Thanks so much.
You suffered no damages therefore you have no case.
 
I really like LDiJ's reply; some people are so cynical.

There is no malpractice suit here. The doctor (ER doc or OB?) diagnosed you initially as an ectopic pregnancy. She was wrong.

Ultrasound is really hard to interprete when looking for small lumps. Of all the usual imaging modalities, it is prob. the least accurate and most subject to operator expertise.

You can ask the hospital and/or state medical board to investigate it in the interest of future medical care.
 

anearthw

Member
No damages, no case, but this incident is still well-worthy of a professional complaint. Lawsuit lottery? Maybe she just doesn't want another woman to terminate a healthy fetus based on error. I thought this OP sounded very polite.
 

ecmst12

Senior Member
So what was causing the excruciating pain? It's not at all surprising to be unable to visualize a pregancy on ultrasound at only 5 weeks.
 

Proserpina

Senior Member
I have to agree here - I'm not getting the "OMGz can I sue for gazillions" feel from this OP.

Every single poster who has responded likely has much, much more legal knowledge than the OP. Most people don't realize that "what ifs" aren't viable suits and we have (unfortunately) been deluged by those crime shows which are sometimes so far removed from legal reality that they're basically putting the Teletubbies in a nice suit and tie and calling it "attorney".

So yeah. No harm no foul with this OP.
 

usound76

Member
I agree with ecmst12. Just an FYI for anyone that may come across this in the future. A fetal pole won't be seen on an ultrasound until at least 6-7 weeks, then only on a vaginal ultrasound. An ectopic pregnancy may not even be seen well enough to diagnose at 5 weeks.
 

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