Legal Question in Medical Malpractice in Wisconsin

Medical misdiagnosis

A few weeks ago I took a pregnancy test that came up positive. I was having all the symptoms of a first trimester pregnancy, I was considered high risk so I went into a consultation with some high risk specialists who after consulting with me did an ultrasound and told me they saw no embryo. I was 7 weeks pregnant and they didn't do one vaginally as they should've. I was probably too early to show abdominally. They pretty much rushed me out, no explanation. Last Friday night I started severely bleeding, after four hours of constant bleeding my fiance' took me took me to the ER where they confirmed I had just miscarried. Luckily the hospital was able to stop the bleeding without any permenant damage or surgery and I'm just wondering would I have any legal recourse for the high-risk doctors that misdiagnosed that I wasn't even pregnant in the first place?


Asked on 9/09/08, 10:15 pm

1 Answer from Attorneys
Michael End End, Hierseman & Crain, LLC

Re: Medical misdiagnosis

In my opinion, you have not suffered an injury for which a claim could be made, other than, perhaps, for the money you paid to the high-risk specialists. To successfully pursue a medical malpractice claim, a person must prove negligence on the part of a health care provider and that the negligence caused injury to the person. In your case, you might be able to prove negligence, but it does not appear that the negligence caused injury to you. The miscarriage would probably have happened, even if the pregnancy had been diagnosed by the doctors who performed the ultrasound. Without being able to prove that negligence of the doctors was a cause of the miscarriage, I think you would be unable to prove a case.

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Answered on 9/09/08, 10:57 pm


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