When one visits an obstetrician for prenatal care, the physician occasionally fails to observe symptoms of a tubal pregnancy. In such an instance, one may seek to file a lawsuit based upon a legal theory of medical malpractice if one has sustained an injury due to the doctor's failure to diagnose the tubal pregnancy.
What is a Tubal Pregnancy?
A tubal pregnancy is also referred to as an "ectopic pregnancy." In an ectopic pregnancy, a fertilized egg implants itself outside of the uterus. Typically, the egg implants itself in the fallopian tubes, which is why the pregnancy is frequently called a "tubal pregnancy."
Types of Injuries Caused By a Tubal Pregnancy
If a tubal pregnancy is left untreated, the injuries can be severe. The organs of the woman can be severely damaged and can rupture. Additionally, there can be uncontrolled bleeding. Moreover, an untreated tubal pregnancy can result in infertility. Most significantly, an untreated tubal pregnancy can cause death to the woman.
Medical Malpractice Based Upon Missed Tubal Pregnancy
If a physician has failed to diagnosed a tubal pregnancy and the patient has sustained an injury thereform, the patient may seek to file a medical malpractice action. While every jurisdiction has different requirements for proving a medical malpractice case, generally, a plaintiff must show the following elements:
- the physician deviated from the accepted standard of medical care in missing the tubal pregnancy symptoms
- that the deviation of the physician caused an injury to the patient
- that the injury has resulted in permanent disability of the patient
Damages and Compensation
In a medical malpractice case against a doctor for failure to observe and diagnose a tubal pregnancy, there are various types of damages which can be awarded to a winning plaintiff. While all of the following types of damages may not always be available in every jurisdiction, these are common categories in many jurisdictions:
- pain and suffering
- medical bills
- disability
- future medical expenses
- lost future earnings
- lost wages
- punitive damages (damages designed to punish the wrongdoer)
- exemplary damages
- compensatory damages
- loss of consortium
- emotional damages
Getting Legal Help
If one has suffered an injury due to a physician's failure to observe, recognize and diagnose a tubal pregnancy, one should consider consulting with an experienced medical malpractice attorney as soon as possible following the injury. An experienced medical malpractice attorney can not only assist in evaluating one's case, but also the attorney can advise which legal options are the most appropriate under the circumstances. Furthermore, a seasoned attorney can help one obtain the compensation one deserves.
