Misdiagnosis - can she sue??

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Minx_Kristi's picture
Joined: 01/02/09
Posts: 1261
Misdiagnosis - can she sue??

http://www.dailymail.co.uk/news/article-2091307/A-mothers-nightmare-baby-born-deformed-doctors-misdiagnose-ectopic-pregnancy-inject-foetus-abortant.html

Can the mother sue? Or because she had the choice whilst pregnant to terminate is she not able to?

xx

RebeccaA'07's picture
Joined: 11/19/07
Posts: 1628

The situation is terrible; but it sounds like the doctor was acting off of an ultrasound that showed an etopic pregnancy. I don't think that is a misdiagnosis, it really sounds like a miracle that etopic turned into a normal pregnancy. The Mother didn't have to take the shot, she could have waited for another week and requested a subsequent ultrasound and perhaps the OB should have suggested that as well.

wlillie's picture
Joined: 09/17/07
Posts: 1796

I think she should be able to sue. I can't imagine only getting one ultrasound and making that decision personally, but if she'd already had one she would have been at a higher risk than if she hadn't. If you told me I was going to die if you didn't perform a procedure and it had negative side effects and you weren't 100% sure, then you should tell me you weren't 100% sure. He/She made a really big mistake that resulted in this little girls infertility and the pain of the surgeries to get her to where she is now.

boilermaker's picture
Joined: 08/21/02
Posts: 1984

Having lived through a ruptured ectopic pregnancy (that went undiagnosed in the ER), if I were told that I had an ectopic again, I wouldn't wait to get the shot. I nearly died the first time, and like this mother, I already have living children. Nobody knows exactly when your tube will blow and you begin bleeding internally (mine was at 6w2d), so as soon as they can tell it is in the wrong spot, something should be done (typically you can't tell until 6w bc you need to confirm where the heartbeat is.)

That said, it was an honest mistake by the physician. We also don't know if she was carrying twins and one was in the tube and one in the uterus.....there are so many variables.

This situation stinks and I do think she as the right to sue, physicians here all carry malpractice insurance for this exact scenario-- honest mistakes.

Starryblue702's picture
Joined: 04/06/11
Posts: 5454

She absolutely has every right to sue. What a horrible mistake to make, and now this precious baby girl (who is no doubt a miracle baby) will never be able to lead a normal life because of a misdiagnosis.

Spacers's picture
Joined: 12/29/03
Posts: 4103

She has no right to sue. The mother chose to not continue with the abortion, knowing full well that her baby had been injected with that chemical. She didn't even get a second opinion before agreeing to the shot in the first place? Honestly, I'm really questioning her story altogether. That kind of injection is not a normal protocol for an ectopic pregnancy, the protocol is immediate surgery to avoid further complications for the mother & save her fertility; this sounds more like reducing multiples. I'm sorry her baby was born with those defects, but she went ahead with the pregnancy knowing there was a very strong possibility that it would happen.

GloriaInTX's picture
Joined: 07/29/08
Posts: 4116

"Spacers" wrote:

She has no right to sue. The mother chose to not continue with the abortion, knowing full well that her baby had been injected with that chemical. She didn't even get a second opinion before agreeing to the shot in the first place? Honestly, I'm really questioning her story altogether. That kind of injection is not a normal protocol for an ectopic pregnancy, the protocol is immediate surgery to avoid further complications for the mother & save her fertility; this sounds more like reducing multiples. I'm sorry her baby was born with those defects, but she went ahead with the pregnancy knowing there was a very strong possibility that it would happen.

So in your view she shouldn't be able to sue because it would have been better to kill her baby instead of letting it be born with defects. Nice.

ClairesMommy's picture
Joined: 08/15/06
Posts: 2299

IMO she has the right to sue. There are so many 'what ifs' and variables, but IF it was a singleton pregnancy, and IF it was in the uterus but was misdiagnosed as being in the fallopian tube I'd say definitely she has the right to sue. If not for the error in diagnosis she would not have opted for the chemical abortion injection.

boilermaker's picture
Joined: 08/21/02
Posts: 1984

"Spacers" wrote:

She has no right to sue. The mother chose to not continue with the abortion, knowing full well that her baby had been injected with that chemical. She didn't even get a second opinion before agreeing to the shot in the first place? Honestly, I'm really questioning her story altogether. That kind of injection is not a normal protocol for an ectopic pregnancy, the protocol is immediate surgery to avoid further complications for the mother & save her fertility; this sounds more like reducing multiples. I'm sorry her baby was born with those defects, but she went ahead with the pregnancy knowing there was a very strong possibility that it would happen.

That injection is actually the typical first response to an ectopic. The only way to "surgically remove it" is to remove the fallopian tube-- and is not preferred, at all. This injection is usually the first response......

Joined: 02/27/12
Posts: 3

"GloriaInTX" wrote:

So in your view she shouldn't be able to sue because it would have been better to kill her baby instead of letting it be born with defects. Nice.

Has anyone thought about all the women that were told they had a normal pregnancy which subsequently turned out to be an internal bleeding ectopic disaster damaging not only the tube but other vital reproductive organs and threatening the life of the mother and any future pregnancies? You can't compare life threatening situation to killing a baby as the case may have turned out either way. It was sad what happened to the woman and the baby, but it is also sad for all these women that nearly died with a misdiagnosed ectopic pregnancy due to rupture.

I don't think she can sue if she was explained the consequences of the metho injection when diagnosed with ectopic. I don't know the details, but she must have been given the choice of injection or surgery and it is up to the person to go either way. I've had two ectopics so I know how they operate. She was probably also explained about the possible birth defects to the baby because of the metho injection but she chose to ignore this.

If the doctors saw something in her tube via a scan and she had abnormal hcg levels, then no one can sue them for following a protocol due to wrong science.
Problem with ectopics, miscarriages, and unusual pregnancies in general is that not much research is done how to save a pregnancy, but a lot is done to make people pay to get pregnant like infertility treatment. It's like any other thing, if there is no money to be won no one bothers.

Joined: 02/27/12
Posts: 3

"boilermaker" wrote:

That injection is actually the typical first response to an ectopic. The only way to "surgically remove it" is to remove the fallopian tube-- and is not preferred, at all. This injection is usually the first response......

The injection can only be administered in cases where the HCG levels are low. Above certain levels like 3000, the doctors would recommend an operation instead as the injection may not work. Regardless, it is up to the person what to go for or to get any treatment at all as ectopic pregnancies can resolve themselves too. So no one pushes you to do anything and sueing for misdiagnosis is pointless.