Legal Question in Medical Malpractice in Utah
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A weird rash developes during pregnancy around the fifth month, the pap screen is done at the first or second doctor visit, the doctor never disclosed that anything was wrong with the pap, the rash is actually a disease which is suppossed to be found in the pap, the disease can cause the child to have birth deffects, is this negligence on the doctors part?
1 Answer from Attorneys
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Doctors need to adhere to the standard of care which is prevalent in the medical profession. Whether this is malpractice depends on whether most doctors would have advised you of the disease. You should go to the doctors office and get copies of all of your medical records - you may have to insist. You will also have to sign a HIPPA release, which is ok. Then have a medical qualified person review those records. You will probably find that the doctor got the reports but did not take any action on them - i.e. he did not read the results. If the reviewer tells you that it was malpractice, the next step is whether you suffered any damages. Hopefully, you found out before any complication occurred. If you have no damages, then file a complaint with the medical licensing board. If there were complications which arose because of the doctors negligence you can seek for damages. Talk to a lawyer.