Legal Question in Medical Malpractice in New York

Can Vitamin D deficiency cause a miscarriage? My Vit D level was 8.9 in August 2009, tested by the Endocrinologist. I followed up with him in December 2009, now 10 weeks pregnant. No mention from him regarding the Vit D level at this visit. I was also told I was not diabetic because my a1c was 6. I explained how I have changed to low carbs because the sugars were getting high , even at 2-3 hrs after eating. I kept a log. I was also using a glucometer that my Dad no longer used. Long story short, I was started on Insulin and instructed to follow up with the OB Endocrinologist. She reviewed my labs and did not say anything regarding the Vit D level either. My regular OB/GYN, whom I saw monthly, never mentioned it either. I was having alot of muscular and joint pain during pregnancy but I attributed it to the pregnancy. Sadly, I miscarried at 18 weeks, no heartbeat detected at regular OB appt on February 23, 2010. 2-3 days after, I was having severe pain, especially on my wrists and arms, which I attributed to edema on my hands from the IV. This was mentioned to my OB at my 2 wks post miscarriage visit. I was instructed to apply warm compresses. One month later, I was still having pain, now I was starting to think my emotional pain is manifesting itself into physical pain. My OB states "I hope it's not arthritis" and instructed me to follow up with Primary MD. At my PMD visit the same evening, I was telling him about the pain and that I may have Carpal Tunnel Syndrome. He reviewed my labs and told me about the Vit D deficiency and gave me a Rx for 50,000 units of Vit D once/week for 6 months. That was on April 5, 2010. He also drew labs, my Vit D level was now 7.4. My symptoms have not decreased but I try my best, especially at work, sometimes I have to wrap my wrists. Was it negligent that none of the other Doctors followed up on the Vit D level and could it have caused damage to the growing fetus ? The Ultrasound pathology report dated the baby at 16 weeks. I know Vit D has to do with tissue and bone formation. Please advise. Thank you so much for your time in assisting me. Nirmala


Asked on 4/22/10, 9:12 pm

1 Answer from Attorneys
Pasquale Calcagno Calcagno & Associates, PLLC

I am so sorry for your terrible tragedy. Medical malpractice cases are complex and costly to litigate. Generally, you have to prove two elements in a medical malpractice case: 1) who was at fault and whether the acts or omissions of the defendant were the causal factors and 2) the extent of the damages. The doctors would have had to deviate from the standard of care for us to have a cause of action.

The claim you are making is a very difficult case that must be supported by the medical records. It is difficult from a damages standpoint also as the law in New York does not place a substantial enough value on a fetus generally.

If you have any questions please feel free to call me for a confidential consultation. You can also visit my website www.1800wefight.com for helpful information and resources pertaining to medical malpractice.

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Answered on 4/27/10, 10:35 pm


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