Legal Question in Medical Malpractice in Texas

False Miscarriage

I had an ultrasound at 5th week as I was spotting. My OB said that it looked like the gestational sac was smaller than it should be and I should come back for another ultrasound later to see how it grows. At my 6th week my OB saw that there was an empty sac with no fetus and the sac was growing irregularly. She said that there is absolutely no hope and I will miscarry soon and she prescribed me Cytotek to speed the process up. I was not too comfortable taking the pill but she strongly advised that I do. I wanted to wait and see if my body could handle it but she strongly advised against it.

As much as I trusted her I went for a second opinion to another OB and they were able to locate not only one heartbeat but two!! I have twins. I have no idea how my previous OB could have missed the other sac in the uterus. The time period between the two ultrasounds were three days only and I am sure that the other sac with two embryos was there as well.

If I hadn't gone to another OB I could have possibly killed my twins if I had listened to my original OB. I am truly hurt. What can I do so that she doesn't repeat this same mistake again with someone else. Can I sue her? Can I legally file a complaint?


Asked on 3/01/09, 5:11 pm

1 Answer from Attorneys
Edgardo Baez The Baez Law Firm, P.C.

Re: False Miscarriage

I am thankful to God that you had the strength to look for a second opinion, may HE bless your children. On the other hand, as it relates to suing what are your damages? Before you can sue, you have to have damages.

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Answered on 3/01/09, 11:15 pm


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