Legal Question in Medical Malpractice in Virginia
2 different doctors caused me to lose several babies
I just need to know if I have any legal recourse, I have tried to have children for 6 years, I went to the dr. of course she placed me on fertility drugs without blood typing me. 6 years later still no children and i start miscarrying go to another dr. and find out I am rh- and my blood has been killing my children for 6 years. This happened with two different dr.'s at the same hospital.
1 Answer from Attorneys
Re: 2 different doctors caused me to lose several babies
The question is whether the fertility treatments which you received were approximate with the standard of care prevailing withing your medical community at the time. If not(and more facts and analysis would be needed), then you might have an action for medical malpractice, assuming that you have provable damages which could be causally linked to the doctors' alleged malpractice. This, however, may not be easy to determine as even if the doctors had determined your rh negative condition early on, it's most likely problematical at best(I'm uncertain on this point) as to whether they could've done anything about it. If so, your damages could conceivably be limited to the cost/value of the ineffectual treatments which you paid for plus the value of any lost wages or other expenses which you incurred as a direct result of your undergoing these treatments---and which taken as a whole might very well fail to justify the filing of a case.