Legal Question in Medical Malpractice in Pennsylvania
should a clinic perform a regular abortion when it was discovered that the patient's fetus was already dead prior to arrival? how would the clinic know how long it was dead? should i have been sent to the er?
1 Answer from Attorneys
If you believe you have a case, I urge you to start calling medical malpractice attorneys today. Medical malpractice attorneys will generally listen to your complaint for free. If they think you have a case, they will invite you to their office to find out more details. Generally they will not charge for this service, but, if they believe you have a case, will offer to take the case on a contingent fee basis, meaning you only pay them out the money they win for you, if any.
From the facts you presented, I, personally, do not see a malpractice case. Fetal death requires the evacuation of the fetus. This could be accomplished by inducing labor if this occurred late in the pregnancy, but early fetal death may be managed with dilatation and evacuation.
Serious complications may arise when a dead fetus has been in utero for 3-4 weeks. This would be detected by a careful history, or physical examination showing signs of abnormal bruising or bleeding, which WOULD be an indication for emergency evaluation.
This is my opinion only, and as I said above, I urge you to seek additional opinions, if you are interested in pursuing legal action in this matter.