Legal Question in Medical Malpractice in Virginia
Premayure Labor at 20.3 weeks
I had a previous premature labor about 10 years ago, so when I became pregnant this year I explained my concerns and the prvious advice given to me by other doctors about further risks during pregnancies to my ob/gyn. I told them I was told I would need a cerclage before my 5th month. But during my intial ob work up was told it would probably not be necessary. I was however sent to a high risk prenatal diagnostic center during this pregnancy and the Dr. recommended progesterone shots when I reached my 16th wk. During this pregnancy Iexperienced early spotting, pelvic presssure, and constant nausea. I kept every appt and did everything that was told me, which was ''pelvic rest'' being unfamiliar with the term asked if it was the same as bed rest and again explained all of my concerns, and was told it just meant nothing in the vagina, but that I could run, jump, hop, and skip!! At the next appt with the high risk diagnostic center I was sonogrammedand told everything was ok, by now I had passed my 16th week but was just made another appt for a month later. And nothing about the progesterone shots still being needed. 17 days later I miscarried. Do I have a case? I feel this was a definite neglect in the care of me and my baby
1 Answer from Attorneys
Re: Premayure Labor at 20.3 weeks
The substantive legal question in your case reduces to the following: Did the prenatal care
which you received during the relevant time period accord more or less with the standard of care for your medical condition which prevailed in the community at that same time?
Not an easy question and, obviously, much more information would be necessary in order to even attempt an answer to the above question, which, in fact, might be a very close call for one to make.
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