Legal Question in Medical Malpractice in Kentucky
Just wondering if i have a case
I suffered a miscarrige in early September, and through that my ob/gyn(previous ob/gyn now) found a 5cm cyst on my left ovary. He said to just leave it alone and see if it was related to the pregnancy, so I did just that. I had another check-up for the cyst in October, and he said it was completly gone and not to worry. I found out a few other things that he did wrong( didnt give me a rhogam shot which I have to have anytime I am pregnant whether or not there is a birth, and also wasn't watching my hcg levels to see if they were coming down right) so I changed doctors in November because I was still having alot of trouble. Through testing to see what was causing all my problems, my new doctor found a 7.5 by 6.3cm cyst on my left ovary. I asked if it could be the same one and he said it had to be, because it had to have been there for quite sometime. I had to have surgery in December to remove the cyst. My new doctor told me that if it had been 5 or below he could have given me birth control pills to shrink it instead of having to have surgery. My question is this, do I have a case against the old doctor? I know that the care I received(and he had been my doctor for 8 yrs) was very poor, but is it malpractice?
1 Answer from Attorneys
Re: Just wondering if i have a case
As with any negligence action, you must prove that the doctor owed you a duty, breached that duty and that as a result of that breach, you were harmed. In your case, you are obviously owed a duty by your doctor. The question is whether there was any breach of that duty. Your new doctor can likely give you an answer to that question. If there was a breach, you seem to have suffered damages by having to have surgery to remove the cyst.
Unfortunately, medical malpractice litigation is very complicated. If you have any further questions, I suggest you meet with an attorney to discuss the matter further.
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