Legal Question in Medical Malpractice in New York

Hello. On December 9 2011 I found out that I was pregnant. My HCG hormone levels were considered by the Doctor to be very low for the 6 weeks along that I was. On December 16 2011 a blood test to reread my HCG levels where done and I also had a sonogram done. On December 23, 2011 my Doctor told me that my hormone level increased but slightly nothing could be seen in the Uterus, but there was a mass in or next to my ovary. The Doctor told me that he would prescribe me a shot to terminate the abnormal pregnancy because it appeared to be ectopic. Before I could get the shot my HCG test had to be done again and another sonogram had to be performed. The HCG levels declined, but supposedly the mass in my fallopian tube or next to my ovary grew from 3cm to 7cm in just one week and my only option was surgery (according to the Doctors). This is my first ectopic pregnancy and the surgeon told me that she would remove my whole entire fallopian tube rather than just the embryo, because if she left the tube I could have another ectopic pregnancy in that same tube. I didn't agree and asked her if she could leave my fallopian tube in and she said no!

When I went in to the hospital on December 23, 2011 the Doctor knew based on a week old exam that I would need the shot called Methotrexate because of the possibility that I may have an ectopic pregnancy. I feel that I should have been called in to the hospital for immediate treatment since an ectopic pregnancy is a ticking time bomb. I could have had the shot a day or two after the reading of the test and never needed surgery. But instead the hospital allowed me to stay home for a week before my next appointment knowing that I had a possible ectopic pregnancy. I could have died! I live in New York by the way. Do you think I have any bases to sue?


Asked on 12/30/11, 4:51 pm

1 Answer from Attorneys

Complex OB/GYN issues here. It would be necessary for a medical expert to review the records and render an opinion on whether your treatment was a departure from the common standard of practice, or a judgment call on the part of your treating doctor. The former can mean you have a case, the latter will not. If you have started treatment with a new OB/GYN since this situation arose, try for a "curbside consult" to get a sense of whether to pursue a claim. Best, M. E. Zuller

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Answered on 1/01/12, 2:16 pm


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