Legal Question in Health Care Law in California

Mistaken Miscarriage

I was ''confirmed'' pregnant by a medical doctor at Kaiser in early Feb. A few weeks later I started spotting and went to ER where I was told I was having a possible miscarriage. The next day I bled a lot and went into see the doctor. She did an ultrasound on me and determined that I indeed had a miscarriage, after she no longer found a sac. After that I knew I was no longer pregnant and so I didn't take care of myself, I drank, I lifted heavy boxes, etc.. I go to the doctor about 1 1/2 months later after taking a pregnancy test that was positive at home and I was ''confirmed'' pregnant once again. A doctor decides to check me since the ''new'' pregnancy and the miscarriage are so close together. He determines that this supposed ''new'' pregnancy, or so I thought, is indeed the same baby I had thought I lost! I was pregnant the whole time and never had a miscarriage. How could they miss it? Now I am worried since I drank excessively and did much physical activity. Should I file a law suit now? Or should I wait until I give birth? I am worried that my baby will not be all well due to my early pregnancy activity. This is an HMO by the way. Please guide me on my options.


Asked on 4/06/04, 1:19 pm

1 Answer from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: Mistaken Miscarriage

Unless you baby is born with health or other problems that were caused by this complaint there is nothing to sue over. The only negligence that is actionable is negligence that actually causes harm. So far there is no harm apparent other than your additional worry which is not significant enough to sue over. Wait and see and pray that you will have nothing to sue over.

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Answered on 4/06/04, 2:52 pm


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