Ignored Test Results

[ani_at_home]

I am in the state of California. During the first visit of my pregnancy, I was tested for Hepatitis C. Apparently, my test was positive for Hep C antibodies. I was not told of this. Another test (Ammuneoblot Assay?) was required to verify positive results. My OB not only neglected to inform me of the possible positive results, he didn't bother to perform the additional test (without my knowledge) until two days after I delivered by baby by ceasarean. I was not informed of the POSITIVE reslults of the second test until over a month after it was performed. I am angry about the months that went by that I was not informed and that I was encouraged (by my doctor) to breastfeed, when this may have put my daughter at risk. Do I have a case?

 

[mia2001]

I understand your frustration but the only way to have a case is in the ability to prove that the malpractice caused you any damage. It appears that although you found out after the fact and were probably upset no actual damage occurred to you or your child. Therefore unless you could prove infliction of emotional distress which is extremely hard and troublesome you probably do not have a case even though your doctor was obligated to keep you informed. Of course this is merely an opinion but winning a med mal case is very long and difficult.