Legal Question in Medical Malpractice in New Jersey

Can I sue my ex ob/gyn?

I feel that the treatment I recieved during the beginning of my 2nd pregnancy was not very professional. My old ob/gyn prescribed quite a few different medications that I was uncomfortable taking while pregnant, but he assured me that it was safe to take. Also, I was sent to get an amnio done, but was unable to get it done because my fluid level was too low. I was told to terminate the pregnancy. Once he told me to terminate the pregnancy, he basically washed his hands of me. I was without pre-natal care for almost a month and a half after that. Then when I called for a referral from them to see a high-risk specialist, I was told by his nurse ''We no longer consider you our patient'' and they would not give me the referral. Also, I got pregnant immediately after that one. At approximately 36-37 weeks, I went into the hospital that he works out of (I did not realize he would be there). The doctor on that night admitted me and told me that I would most likely deliver the next day. When he came in the next morning, he ''examined'' me and then sent me home. He ''reprimanded'' me claiming that I was not allowed to go to that hospital because my weight made me too high-risk. It was not a problem for the other doctor. Can I sue him?


Asked on 12/21/06, 7:28 pm

1 Answer from Attorneys

Arthur Newmark Arthur Newmark, M.D.. Esq

Re: Can I sue my ex ob/gyn?

While you have identified possible deviations from the standard of care, you have not indicated that either yourself or your baby has been harmed. Without an injury, there is no malpractice case.

If you believe that you are a victim of malpractice, I encourage you to look up a malpractice attorney in your area to discuss your situation. Many if not most malpractice attorneys will provide a phone consultation without charge.

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Answered on 12/22/06, 10:22 am


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