Over a year and a half ago, I went to My OBGYN to see why I wasn't getting pregnant. I knew there was a problem, but he kept saying "Oh, i see no problem with you getting pregnant. I don't want to do any tests yet, because you are so young?" That went on for over a year and half. I tried to go to another doctor, but the town I live in has only a handful of doctors and none of them were taking new patients. So after that, he finally did a test.. the laparoscopy. and found out that I have really bad endomitriosis. And was getting worse.. he fixed it. but said that it would be really hard to get pregnant now. Would i have a case against him? all the money I spent going to see him, and him doing nothing. all the pain he caused me in not believing me...?? HELP.
2006-10-27 13:41:25 · 7 answers · asked by Mommy2Two!! 4 in Politics & Government ➔ Law & Ethics
many people believe it wouldn't have gotten so bad if he would have listened to me in the first place. Now I am stuck with the pain that I might not be able to have children.. all the crying through out the year and a half... and he wasn't listening.. he didn't care.
2006-10-27 13:44:46 · update #1
The question is whether your doctor's actions fell below the standard of care exercised by a reasonable OB. If a reasonable OB would not have checked for endomitriosis and you weren't showing any other symptoms, you have no claim. Also, it is not clear from your question whether you have any damages. Can you prove that but for the doctor failing to diagnose your endomitriosis you would be able to get pregnant? Plus the doctor will be able to argue that you failed to act reasonably because you could have sought a second opinion, even by going to the hospital.
It may be that the second doctor performed a laporoscopy because you hadn't been pregnant after trying for a year and a half and you were able to describe more symptoms. Did you go back to the original doctor after over a year of not getting pregnant? That would be a pretty important factor.
Good luck getting pregnant, it will happen.
2006-10-27 14:44:32 · answer #1 · answered by Tara P 5 · 0⤊ 0⤋
I don't think it would be a good case.
1. you could have forced him to do a test, but I'm guessing you just agreed with him in the beginning that you were fine. I've had to force blood test from my doctors
2. You could have gone to a different town/ even a hospital
3. You can have children, it might be hard, but you are still fertile and he did no damage.
4. Adopt
2006-10-27 20:58:43 · answer #2 · answered by Voodoo Experience 4 · 0⤊ 0⤋
Did you think to ask your family doctor to refer you to another obgyn for a second opinion? I'm not suggesting it is your fault by the way.I know in Ontario you need your family doctor to refer you to a specialist , I don't know how it works where you are from. As far as I know difficulty in gettting pregnant is not that uncommon with endometriosis. It is frusrating when there is a misdiagnosis or a lack of caring by your doctor.
2006-10-27 20:57:58 · answer #3 · answered by gussie 7 · 0⤊ 0⤋
yes definitely...people win cases like these all the time without any trouble. (= be sure to get a good lawyer though.
2006-10-27 20:50:46 · answer #4 · answered by saosin 3 · 0⤊ 0⤋
Sounds like you have a case..
Call a lawyer..
2006-10-27 20:49:24 · answer #5 · answered by Anonymous · 0⤊ 0⤋
sounds like a case to me! thats ridiculous! get a laywer now! seriously
2006-10-27 20:44:55 · answer #6 · answered by lytleluv 2 · 0⤊ 0⤋
You should definitely talk to a lawyer.
2006-10-27 20:50:27 · answer #7 · answered by suz' 5 · 0⤊ 0⤋