Can I sue my doctor due to my miscarriage?

nicole: Can I sue my doctor due to my miscarriage?
I was hospitalized in early December for heart problems (tachycardia). I was discharged on the third day & given a 24 hour Holter Monitor that would track my heart rhythm & beats. I returned it to the hospital after the 24 hour mark & was told that my general physician would call me to do a routine follow-up.

Approximately a week & a half later, I met with my general physician. The nurse performed a check of my weight, temperature, heart rate, oxygen level, & height. When I finally was in the room with my doctor, I realized that I hadn’t seen him in over 2 years. He asked me if I was on any medication & I told him no. I had already finished my prescriptions that were given to me upon my discharge from the hospital. He then said, “Are you on any form of birth control?” I answered no. I have not been on birth control since 2007. He then asked, “Are you sexually active?” I answered, “Yes, but I am in a monogamous relationship.” He then asked, “Have you had a recent period?” I answered, “No, but I am due for it anyday now.” He then asked, “Where is your boyfriend?” I answered, “He is on tour in Europe.” He then asked, “Oh, so how many girls do you think he’s sleeping with over there?” I answered, “None. It is not like that at all & I have full trust in him.” He then asked, “Do you know how long sperm can live in the female body?” I answered, “Yes, I did go to nursing school.” He then said, “Ok. I hope you don’t call me with regrets.” I knew he was referring to the fact that I am not on birth control & was concerned about me getting pregnant.

He then started to discuss surgeries with me. He asked if I had any prior operations & I answered, “Yes, breast implants & wisdom teeth removed.” He then asked, “How big are the implants?” I thought this was really strange but I answered him & changed the subject to what I came there for — my heart. He told me that he didn’t have any results from the monitor for me & would “get back to me later.” I asked, “Ok well they told me that I could have heart problems. What am I supposed to do if these problems reoccur?” He answered, “Just lay down & relax. We will discuss your options when I read your results.” I wasted an entire day & took off of work to deal with this appointment. Nothing was accomplished & I left very frustrated & offended by his remarks.

The next day, I got a phone call from one of his nurses who informed me that I was being put on a heart medication (Atenolol) & referred to a cardiologist for a 2D Echo. I picked up my prescription that night & began taking it the next day at lunchtime. I read over the entire pamphlet that came with the prescription so I could be aware of the side effects. They seemed to be general side effects other than the “unusual dreams” & “numbness of hands & feet.” I took the 25mg pill with my lunch & fell asleep. I repeated this for 3 days.

On December 16th, I was 3 days late on my period & took a pregnancy test. It was positive. I immediately stopped taking the prescription until I could consult with my cardiologist. Also, I DID report my doctor for his remarks & it is being relayed to quality management.

Two nights after taking the pregnancy test, I started vomiting around 1am & had SEVERE cramps & a headache. My heart was racing & I “just didn’t feel right” so I went to the ER. I told them that I was pregnant (about 4 weeks along) & they performed a blood test to check my pregnancy hormone. They told me that I was in the beginning stages of a miscarriage & they were going to admit me overnight for observation. I informed them that I was previously taking Atenolol but was no longer due to the pregnancy.

A cardiologist came to talk to me in my hospital room & began asking me questions about Atenolol. He said, “Who prescribed that to you?” I told him & he then asked, “Did he perform a pregnancy test before prescribing you the medication?” I told him no. He then said, “That is the first thing that he should’ve done before prescribing that to you. That medicine is a beta-blocker & will cause severe harm to any fetus.”

So basically, he was placing the blame on my doctor (who is NO LONGER my doctor, by the way). He suggested that I file another complaint & possibly consider a lawsuit for the damages (hospital bills, my health & well-being, etc). A cardiologist is not a lawyer & I’d like some more advice on this issue.

Can I sue my doctor for prescribing me a medication without doing a routine checkup that resulted in my miscarriage?
No, I was not given a form to fill out to indicate the possibility of being pregnant. It was more like a “Hi. How are you feeling? I haven’t seen you in 2 years so I’m going to harrass you about your sex life & breast implants. I can’t help you with your heart issue. Have a great day!”

Answers and Views:

Answer by jellybeanchick
You can sue, but you may not win. Talk to a medical malpractice doctor about your chances. The main problem that I see (although I am neither a doctor nor a lawyer) is proving that the miscarriage was definitely due to the medication, and not due to any other cause (including your heart problems). Miscarriages are quite common in the first trimester, and usually no cause is determined.

Answer by Brendan
Contact your local bar association for a referral. You won’t get sound advice on this message board. If a cardiologist claims he violated the standard of care, then you’re half way to proving your case. But you still have to prove that this breach caused the miscarriage, which requires more evidence. Talk to a lawyer.

Answer by Mercedes
YES. And I say, do it. He essentially killed your baby. I am so sorry for your loss.

Answer by Whitney_A_Hitler
You don’t even have to be a Nurse to know that on the form they give you in the lobby they ask you if you’re pregnant.
Didn’t they give you a form before you even talked to the doctor, on that form it asks you if you are pregnant.
Did you say on the form that you were not pregnant?

Answer by whitefangz1
It is not customary for a doctor to perform a pregnancy test on a patient unless one is either requested or indicated by the symptoms. Further, your responses to the doctor would further his belief that you are not likely pregnant. Either way, there is no indication of any negligence on the part of your doctor. A pregnancy test is NOT a “routine checkup”.

Answer by lillllbit
While your doctor wasn’t exactly Marcus Welby, M.D. with the bedside manner, he relied on your own assertion that you were not pregnant. You can sue, but you won’t win….

Most of the problems with beta-blockers occur in the late stages of pregnancy and not right around conception. It is highly unlikely that three doses of atenolol caused your miscarriage. As with all drugs, the possible benefits to the mother must be weighed with the risk to a fetus.