Legal Question in Medical Malpractice in Indiana

On July 24, 2009 I found out I was almost eight weeks pregnant. I have had two children before this. I went to the doctor the same day, and they confirmed it. My internal medicine doctor referred me to the ob/gyn in the same building. That appointment was on July 31st 2009. I had a pap smear done on that visit, and the doctor said I was bleeding slightly, and ordered an ultrasound that next Tuesday September 4th. I called the office on Monday, and told her I was still bleeding. She replied just come in for your ultrasound tomorrow. I had the ultrasound the next day, and was told everything was normal,(heartbeat, limbs,e etc) and sometimes women bleed during pregnancy. On Wenesday September 5th I started bleeding heavier, but with no pain. Called the office,but no one called me back. On Thursday September 6th I ended up having a miscarriage. I went to the doctor the next day, and they removed the fetus.

I now have a new doctor, and he has stated that if they would of read the ultrasound correctly they would of seen the impending miscarriage, and I should of been sent to the hospital instead of being in severe pain for six plus hours. Also if the bleeding was addressed way back on August 3rd the baby may, or may not have been saved because at that point it was a threatened miscarriage. I also can not get my medical records from this office. I have filled out two medical authorization forms, and each time I ask for them their reply is that can't find them, or they aren't ready yet. It's been almost two months, and I had no problem getting my children's records from the office.


Asked on 10/02/09, 8:52 pm

1 Answer from Attorneys
Larry Jackson Jackson Law Firm, LLC

I am very sorry for your loss. What a terrible experience. Your potential case is somewhat difficult to evaluate under Indiana law. There can be no wrongful death claim on behalf of the baby as the baby had not reached the stage of viability. Your physical suffering during the interim was undoubtedly very difficult, but we cannot likely expect a recovery for that which would be larger than the great expense involved in moving a medical malpractice case forward. Likewise, if it appears more likely than not that the baby could not have been saved, then your emotional damages from losing the baby won't be recoverable (since they would have happened whether the OB was negligent or not). Nonetheless, there are some unanswered questions. I would like to do a little research on the doctors involved.Could you email me the name of the OB who was treating you from July through September. I would like to see if other claims have been filed against him/her and perhaps discuss this further with you. Thanks. Larry

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Answered on 10/03/09, 10:43 am


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