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my dr & even the hospital betrayed me... do i have a case? my MC story...long

Posted by on May. 21, 2011 at 6:36 PM
  • 18 Replies

Ok so I am posting this because I can not let my feelings of betrayal go. I need to know if I have a case or not.This is my MC story:

Back in December I found out I was pregnant with an OTC preg test and was super stoked! Started taking vitamins and eating better,taking care of myself. The night before christmas Friday the 24th, I started bleeding and got a little over whelmed. My husband kept me calm to avoid getting me too worked up when it could just be nothing. It stopped by Sunday and then came back on Monday the 27th so, I went to the hospital. They did an exam and ultrasound and told me that it was a hematoma and it was a 50/50% chance of MC. They said the baby had a strong heartbeat and everything looked good and that chances are it would just flush out and everything would be fine. Just told me to take it easy and not stress about it, as long as it stopped bleeding it would be ok. They said I was about 8 weeks along and at this stage anything can happen. The bleeding stopped the next day and everything seemed fine.

Made my first gyno appt and went up there (Jan 10th) with high hopes. They told me that it was probably just a blood clot (hematoma) and nothing to be concerned with that bleeding during preg is fairly common. The dr himself did an ultrasound and confirmed that now I was about 10 weeks preg. Side note: when he was doing it he said that "he has bad eyes so bare with him" and asked his nurse to help him find the botton to zoom on the heartbeat. She came over and they found it, saying that ," it was faint but definately there and at this early on the heartbeat can be hard to spot". He told me to check back in 2 weeks and to see the ultrasound tech.

I came back in 2 weeks (the 17th)  and the ultrasound tech was not there... they didnt call me or reschedule they just left me hanging and instead I just saw the dr again.  He did an exam and said that at this point I was 12 weeks the lil one was definately getting bigger he could start to feel  him in the womb and everything felt good. 

I came back in 3 days (the 20th) and saw the tech she looked and looked using the vaginal ultrasound and finally dropped her head and said, "Im sorry you dont have a baby inside you. he has passed over 6 wks ago. You would be about 10 weeks but the baby is so small I believe he passed over 6 weeks ago." I was absolutely devistated.. I was concerned about the hematoma but all this time I had been lead to believe that my baby was still alive, growing, and in fact had a strong beating heartbeat.  What happened? When? Had they been lying to me this whole time? Or do they just not know how to read an ultrasound? Was it his bad eye sight?

In a nutshell ... In the end it had been 4 weeks since I went to the hospital on Dec 24th and according to them and the gyno I was 12wks, with a healthy baby and a hematoma that was semi normal, nothing to worry about.  BUT in reality I was void of a fetus, and had been THE WHOLE TIME. If the baby had  passed 6 weeks ago then this whole time there WAS NO BABY. how did they see a heartbeat at all?

I was not only upset about losing the baby I was betrayed and lied to by several drs and hospital personell. I had a D&C done after fighting for an appt. (thats a whole nother story) on Feb 1st. Since then I have recovered well. I am only angry that at the situation. Angry that they put me at risk for infection having a dead fetus in me for 6 weeks. Angry that they fed me full of positive happy lies and made me really believe that everything was going to be ok, when I could feel that something was not right.

I went to the same dr one more time for the D&C follow up and he was very short with me and I asked him if there were any tests we could do to prepare for next time? (I had an abortion when I was young and thought maybe something isnt right in there) He replied to my request with,"well we usually dont test for things until after your second MC. So let us know when your pregnant again."      Do I really have to go through that again to find out if its possible for me to have a child? My childhood abortion was rough and they told me that I might not be able to concieve. I just need some peace of mind.

My question to you all is do you think I should sue the hospital and/or the dr for emotional stress? Or does this happen? Do I have a case or were they justified? Anyone have advice?

by on May. 21, 2011 at 6:36 PM
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Replies (1-10):
Rachelle11503
by on May. 21, 2011 at 6:49 PM

Well I really have no legal advice, I would consult a lawyer for that. Its is very sad and I'm sorry you went through this. Did you bring this up to the doctor? They should have on file all the notes from the appointments.
As far as testing its very normal, my doctor waits until the 3rd miscarriage.
I'm so sorry you had to go through this, and i'm sorry for your loss. We are here for you.

jellybeanbrew
by on May. 21, 2011 at 7:28 PM
I'm very sorry for your loss. I don't think you would get anywhere with a legal case. Most attorneys will only take a case if they think they can get over 100k. Also it would be a long drawn out process that would amount to alot of emotional distress for you. I wouldn't try to sue, but that's just me. Especially because of your abortion, the hospital would use that against you I'm sure.
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ashley_jo
by on May. 21, 2011 at 8:05 PM

My best advice is just seek a new doctor for next time. A miscarriage carrys emotional distress & there isnt really anything they could have done to stop it from happening sadly. Most doctors wait until 2 or 3 miscarriages until they preform any tests really. The first 1 or 2 they say it was probably a chromosomal disorder. Sorry for your loss.

sweetgrlangel
by on May. 21, 2011 at 8:11 PM
Contact a attorny and go get another ob! That guys a quack, literally!
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Mrs.Velasquez
by on May. 21, 2011 at 8:17 PM

I am sorry for your loss. what they did was wrong and unfair,but i don't think sueing will get you any answers,unless it's for neglect,but i'm no lawyer.maybe you should consult one to see what he or she says. I do know that if u sue any hospital you will be put on what's called "THE BLACK LIST" i don't know if that applies,where u live,but here in california that is what happens. this lists prevents you from getting medical treatment anywhere.  While i was working at kaiser,i asked about this and many nurses and doctors have agreed on it. I hope you can find answers. btw my OB won't even consider running tests untill u have miscarried 3times...he is very careful with his exams and monitors the hcg levels if u have already miscarried once.

jellybeanbrew
by on May. 21, 2011 at 8:37 PM
It's against the law for a hospital to refuse medical treatment to anyone. Otherwise hospitals would turn away the uninsured all the time.

Quoting Mrs.Velasquez:

I am sorry for your loss. what they did was wrong and unfair,but i don't think sueing will get you any answers,unless it's for neglect,but i'm no lawyer.maybe you should consult one to see what he or she says. I do know that if u sue any hospital you will be put on what's called "THE BLACK LIST" i don't know if that applies,where u live,but here in california that is what happens. this lists prevents you from getting medical treatment anywhere.  While i was working at kaiser,i asked about this and many nurses and doctors have agreed on it. I hope you can find answers. btw my OB won't even consider running tests untill u have miscarried 3times...he is very careful with his exams and monitors the hcg levels if u have already miscarried once.

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wife2jeff
by on May. 21, 2011 at 8:55 PM
I went through a horrific D&C... Short of all the gory details of no pain being offered, being awake for the entire proceedure and 2nd D&C 30 minutes later, being told I was minutes from being rushed to the ER for a blood transfusion because I was hemhorraging so bad and to top it off NEVER gave my verbal or written consent for the proccedure - I contacted an attorney and he basically said he'd have to hire a slough of doctors and medical professionals to prove wrong doing, because personal testimony doesn't hold up in a court of law against a medical doctor. Basically, someone has to testify on your behalf. Also, the medical team has to prove physical harm (such as now you were sterile because of the doctors negligence to give you accurate information or in my case two procedures perfumed without my consent that nearly caused me to die). Basically he said it was a long shot and after all the expense it wouldn't be worth it to sue. Instead he said to get copies of your medical records and send a letter to the board of medical examiners (licensing in your state). They can do more damage by having this doctor investigated and revoking his liscence to practice. You could also write the better business beauro and have them look into hospital practice. I chose to use my mouth and tell EVERYONE in our middle sized town that would listen not to go to anyone in that practice. She's lost a ton of patients thanks to me and her carelessness! I now go to another doctor in the next town over and am trying to move on.

Hugs hun! I'm sorry you had to go through this!
ILoveMyFam
by on May. 21, 2011 at 9:04 PM

No, I don't think you have anything.  I'm so sorry for your loss, but I would just try to cope and move on.  The US tech this last time should never have guestimated how long ago the baby passed...as often when it's an early miscarriage (1st trimester) when the baby dies the body can start to reabsorb the pregnancy and therefore the baby can shrink. 

I also lost a baby (in January), I had an US at 6.5 weeks and I had a baby measuring 6wks, 2 days with a heartbeat, a week later (should've been 7.5 weeks) my baby had no heartbeat and only measured 5 weeks, 3 days.  The baby and sack had began to breakdown. 

I don't think your Dr should've said you were 12weeks based on a fundal height measurement, and the "faint heartbeat" you described at the 2nd to last appt sounded concerning...the baby was probably going to pass soon at that point.

Again I'm sorry for your loss, and hope you can heal from this and try again.

heather406
by on May. 21, 2011 at 10:59 PM

You will not get a lawyer to even take your case.  I dealt with malpractice (straight up malpractice) after DD was born, but couldnt get a lawyer to take the case because even though the doctor was horribly neglegent and wrong, no long-term damage was done to her or myself (other than my emotion state, but that doesnt count) so there was no chance of winning.  It's pathetic, if you ask me.

Find a new doctor, and one that practices at another hospital.  That is what I did after I had my miscarriage and was treated poorly.  I hope things get better for you. *hugs*

Mrs.Velasquez
by on May. 21, 2011 at 11:04 PM

Well i was just saying what i know from working at a hospital for 2yrs. it was also said during our fire safety class by the fire inspector,but what do i know...it's unfortunate that she is going threw this and sadly miscarriages happen. i had mine in january.

Quoting jellybeanbrew:

It's against the law for a hospital to refuse medical treatment to anyone. Otherwise hospitals would turn away the uninsured all the time.

Quoting Mrs.Velasquez:

I am sorry for your loss. what they did was wrong and unfair,but i don't think sueing will get you any answers,unless it's for neglect,but i'm no lawyer.maybe you should consult one to see what he or she says. I do know that if u sue any hospital you will be put on what's called "THE BLACK LIST" i don't know if that applies,where u live,but here in california that is what happens. this lists prevents you from getting medical treatment anywhere.  While i was working at kaiser,i asked about this and many nurses and doctors have agreed on it. I hope you can find answers. btw my OB won't even consider running tests untill u have miscarried 3times...he is very careful with his exams and monitors the hcg levels if u have already miscarried once.


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