Legal Question in Medical Malpractice in New York

Do I have any grounds for a medical malpractice case? In June of this year I experienced a miscarriage (1st trimester). This was my 3rd miscarriage in a row since Feb. 2010. Because of this it was very important that the products of conception be tested to see if any answers could be found - ie, the miscarriage was caused my a chromosomal abnormality. This was not only for my own peace of mind but to give direction for further treatment with a reproductive endocrinologist as I would still like to try for another baby.

The hospital did not forward the tissue from the miscarriage to the genetics lab as they were instructed to do (instructed not just by me, but by my doctor). Instead they discarded the tissue. It is now impossible to find an answer as to why this miscarriage happened.

Though in this situation there is no physical harm that resulted in their actions, unless you count stress, I would like to know if there would be any case based on the facts above. Thanks.


Asked on 8/03/11, 11:12 am

1 Answer from Attorneys
Tanya Gendelman Law Offices of Tanya Gendelman, P.C.

I don't think you have a medical malpractice case against the hospital, you may have grounds under negligence and breach of contract, however, damages would be hard to prove.

You should have a discussion with your doctor and find out why the doctor's orders for the lab were not followed.

Regards,

Tanya Gendelman, Esq.

www.WeSettle.com

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Answered on 8/03/11, 7:53 pm


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