Legal Question in Medical Malpractice in New York

Disposal of fetus and products of conception.

I don't even know where to begin. I feel I wasn't given proper care from my doctor to begin with. In December 2006 I suffered a missed miscarriage at approximately 19 weeks in my pregnancy. I had a D&C. No tests were done on the fetus or placenta, to my knowledge. My ob claimed it was just one of those things that happen and sometimes we don't know the reason. But, they never looked for a reason. This was not a miscarriage early in pregnancy, and I believe further investigation should have been done at that time. Well, May 2008 I went to my OB compalining of recurrent bacterial vaginosis after sex with my partner, the baby's father. I was treated and became pregnant a few weeks later. She was aware that the person I was pregnant by was the one I was contracting the bv from. I expressed my concerns ob bv during pregnancy and asked her if that could have been a cause for the previous late miscarriage. Her answer was ''no, it's really closed up, up there.'' Well BV does cause 2nd trimester losses and I went on to have another miscarriage at the same point in my pregnancy as the first. I was promised by her there would be a fetal autopsy and pathology on placenta, but both were discarded and I still have no answers.


Asked on 11/19/08, 11:45 am

1 Answer from Attorneys
Jason Kessler Law Offices of Jason B. Kessler, P.C.

Re: Disposal of fetus and products of conception.

Unfortunately, due to the politics surrounding the issue of "when does life begin" you do not have a case. In NY, a dead fetus cannot be the basis for a cause of action. However, I suggest that you call up the New York Department of Health and make a request for an investigation.

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Answered on 11/19/08, 11:52 am


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