Has anyone every sued a doctor and won?
@writerightmom (148)
United States
December 4, 2006 7:09pm CST
I was thinking about suing my OB/GYN, but my neighbor says that I don't have a case. I gave birth to a healthy baby boy this past July, and the OB tested me for Lupus and numerous blood-clotting disorders because my sister had Lupus and died from a pulmonary embolism after having her last baby. My protein-S levels came back low, so they diagnosed me with protein-S deficiency and said that I could develop a blood clot at anytime. I was put on baby aspirin throughout my pregnant and saw a high risk doctor. I was also given heparin injections following my son's birth, while still in the hospital. I was referred to a hematologist to find out if I could take progesterone-only birth control pills, since estrogen increases the chances of developing clots, and the hemo tested me to verify the diagnosis. I don't even have the friggin' disease! He said that these levels are low during pregnancy anyway!! What the he!!? My husband and I worried our butts off for nothing! And what if I had developed a bleed-out from having too-thin blood? Anyone think I could have a case? I'm so pissed!
7 people like this
32 responses
@Brooke3 (610)
•
5 Dec 06
If he hadn't have given you the treatment and you did have it then you would have been pissed too, wouldn't you?
The doctor took the necessary precautions, you should be grateful. It's disgusting the kind of things that people will try to sue over these days.
4 people like this
@blonde_3548 (36)
• United States
5 Dec 06
I think you need a 2nd or 3rd opinion ppl are too quick on trying to sue these days. i understand that you are upset but i dont think that constitutes a reason to sue.
2 people like this
@courtlynne77 (4839)
• United States
5 Dec 06
That is not even the second time with the spamming, it is on every discussion I have read this morning.
1 person likes this
@kylesmiles (1910)
• United States
5 Dec 06
We have never sued a doctor, however my husband has gotten close to suing TWO hotel corporations and won! :) If you need help...feel free to contact me... perhaps hubby can direct you on where to look! :) He's not a lawyer yet, but perhaps he can assist! ;)
1 person likes this
@gifana (4833)
• Portugal
5 Dec 06
I don't go to doctors cuz I'm healthy but it would seem to me that you have a case. If it were made public (and I'm not advising you to do so) you would probably have to take a baseball bat to get rid of the lawyers at your door offering to take the case for a percentage of monies received. Asking another doctor's opinion is difficult because they look out for their own. Wish I could be of more help but unfortunately it is a dilema.
2 people like this
@IrishEyesnj (6)
• United States
5 Dec 06
Having gone through consultations with lawyers for being misdiagnosed for cervical cancer...i found that medical lawsuits are actually pretty intense. If you are headstrong about pursuing it, I would honestly suggest talking to a lawyer (which most likely will lead to a "medical expert" going over all of your medical records). They are your best bet for advice on how or if you should continue with a lawsuit. If you weren't physically hurt with their treatments, it will be really hard (and expensive) for you to sue them. I wish you luck with your decision - it's not an easy one!
@LovingIt (5396)
• United States
6 Dec 06
First of all, I would get another opinion. Right now all you have is two differing opinions. Who is to say the second doctor is right and the first is wrong?
Secondly, even if the 2nd doctor is right, I still don't think you have a case because 1) nothing bad happened to you and 2) doctors are always better off to err in favor of being overly cautious. Because of the family history and the results of the tests your doctor most likely did what was right.
@jade17901 (597)
• United States
6 Dec 06
You def have a case!! Atleast the way your story sounds, it was almost like the doctors laughed at their mistake! Go for it, plus you dont have to pay most lawyers unless you win anyway!
@zeus1a (1046)
• Netherlands
5 Dec 06
In the states you kind of getting nuts with these courts, but please i dont mean it with a bad aspect.Always. Always do take a second opinion if you are not satisfied with your primary doctor.I mean that should be a standard. You can go ahead but at least in europe you wouldnt stand a chance.i agree with your neighbour because after something finishes it is so easy to make assumption.But sorry if i become tiring I advise everybody to take a second opinion about everything.I work at a hospital and that is a rule here in holland.
@birthlady (5609)
• United States
5 Dec 06
Contact an attorney who specialized in obstetric and medical malpractice. Have your newborn checked for any complications associated with specific treatments received during pregnancy. You may want to find an attorney who is also a medical doctor. Good luck.
@Jennibug29 (157)
• United States
5 Dec 06
you should consult an attorney. but it sounds like nothing bad happened other than frustration, but look at this from the doc's point of view. you lost you sister after childbith! and a test result came back a little off, sure maybe he over reacted but who knows he might have saved your life! I know you are upset, honestly I would be too but doctors are not maricle workers even though we sometime expect them to be. So call an attorney, speak to them, and go from there.
1 person likes this
@cowgirl2701 (2079)
• United States
5 Dec 06
I know you were worried, but you should have got a second opinion. Lupus is nothing to mess with. I know. I have it. I have to take blood thinners for the rest of my life. The doctor was being careful. Misdiagnoses are common and if the treatment doesn't hurt you there is nothing to sue for. Heath cost are already high. Can you imagine what they would be like if everyone sued for something like this? No One would be able to afford Health care. Doctors would be afraid to diagnose you with anything just in case they might be wrong. Lupus and the problems caused by it are very hard to diagnose. The high risk doctor they sent you to should have done the tests over. With Lupus you can show signs of something one day. The next day those things are gone. You don't have a case.
@DRoddy77 (1776)
• United States
5 Dec 06
I cant give you much advice about suing but I was in somewhat of the same situation. I was diagnosed with Lupus at the age of 13. When I was pregnant with my twins I was sent to a high risk doctor. This doctor wanted to retest me for Lupus. He said the test came back negative so I had gone into remission. Two weeks later the doctor told me that I had the same thing you had and was at high risk for blood clots, especially in the umbilical cords. He wanted to put my on baby Aspirin and wanted me to give myself 2 shots every day in my stomach! I wasnt comfortable with this doctor at all from the very first appt, so I called around to other high risk doctors. Found a great one and she tested me 3 times and found NO problems at all!..so that doctor was going to make me give myself injections in my stomach twice a day for nothing!..not to mention it could have given me too thin of blood!!
@nobodyspecial (1011)
• United States
5 Dec 06
I am not an attorney, but I can't fault a doctor for being overly cautious when there is a family history of Lupus.
An OB/GYN is just that not a specialist in disease. Doctors are human they not only don't know everything, they can't know everything!
If you are intent on persuing this I suggest you consult an attorney.
@TerryZ (22076)
• United States
5 Dec 06
I think you should make an appt. with a lawyer to talk about it. There is no charge for it, also the attorney will tell you if you have a case or not. I think some of these doctors think its okay to treat someone on just because thats how THEY feel. So give it a shot it cant hurt and you will put it to rest.
@Ambur25 (1006)
• United States
5 Dec 06
I don't think you have a case at all. Sorry to be so blunt about it.
The doctor can't and won't diagnose someone without the proper tests returning positive. Whether or not these levels drop during pregnancy, they still needed to be treated.
I had gestational diabetes when I was pregnant with my second child. That doesn't mean that I shouldn't have been treated as a diabetic during my pregnancy. Of course, after the pregnancy, my blood sugar levels returned to normal. I believe it was simply a recaution, and the doctor's and medical board will argue the same fact.
