Do I have a lawsuit case ? Hi my name is Connie Bacon I found out that I was pregnant on September 20, 2010 after taking several Home Pregnancy Test's . Shortly after realizing I was pregnant I contacted the OB/GYN clinic , I explained that I took 7 ( Clear blue Easy Digital Pregnancy Test) and that they all came up saying pregnant , and I needed an appointment to confirm my pregnancy and for my first prenatal check up . At that time an appointment was scheduled for Oct 21,2010 and considering my unborn baby's health and my own health it was in my won opinion that the appointment I was offered was to far away so I asked if they could get me a sooner appointment but I was told that there was not a chance and I accepted the appointment. I waited for the to come when I would hear my new baby's heartbeat but on Oct 19 or I received a call from the clinic and was told my appointment had to be rescheduled and I was not given a reason why I was just told that something came up... I thought they would give me another appointment for like 2 or 3 days later but they rescheduled it for November 8,2010 and at this time I became scared because I was not receiving prenatal care still and that made me very depressed and I ask for them to at least get me an prenatal vitamins but I was told they had to confirm my pregnancy before anything was prescribed . And so again I took the appointment . November 8th came I went to my appointment the doctor I saw was Dr.Natalie Hart I was given a pap test and an exam and was finely told that judging by just the exam I was between 8 and 10 weeks pregnant but an ultrasound will tell me for sure just when I could expect my baby , I was given an list of blood work I had to go for and sent on my way... so I called for an appointment to have my ultrasound done and the only time I was able to get was November 18th so I took it . And the whole time all of this was going on I was still very concerned about the health of my baby due to lack of prenatal care up to this point .but I thought finely I was getting the care I need for like two and a half months . While I was waiting for the 18th to come I woke up on November 11 with bleeding so I became scared even more and called the doctor's office for advice and all I was told was to lay down and drink lots of water and I thought considering how I have had problems with other pregnancy's I did what they said and to see if the bleeding would stop but the next morning I was still bleeding and I had bad cramps in my belly and in my lower back so I went to the local ER and they took blood work and sent up for a ultrasound and my worst fear had come true , the ER doctor told me that the ultrasound should a 6 week old fetus but it had no heart beat and told me that I was having a miscarriage and as of today November 20th I am still passing the fetus... and I am in horrible pain Now my family and I be-leave that my miscarriage could have been prevented and maybe the doctor's could have found something wrong and I would not have to be going through this if I was to have the prenatal care I needed in the very beginning... and we also think I have had this miscarriage due to lack of prenatal care so what we need to know is do I have a lawsuit case ?

I'm going to ask that this be moved to our legal boards so that our legal experts can give their opinions. Because from my non-legal point of view I don't see how you could have a case since you made the choice not to call around and see if you could get in at any other clinic sooner and also made the choice not to go to the ER sooner or to go and just buy pre-natal vitamins if you felt they were so vital (you don't need a prescription, nearly every vitamin section I've ever seen has prenatal vitamins). Also, you would have to prove that the miscarriage could have been prevented. Just saying you think it could have been won't convince a judge, he or she will need proof. But maybe our legal experts will have a different take.

'.. and I thought considering how I have had problems with other pregnancy's.. '
What were they, and did this clinic care for you then? And what is wrong with your own health that you mention?

I have no idea what legal recourse you have, but would not have gone to a clinic had I had problem pregnancies in the past unless I and that clinic were prepared with knowledge from before.

Not really, while I am sorry for your loss, you had of course options to find other medical care if you felt their appointments were not OK with you.

Depending on your insurance or plan many medical groups are very over booked and will provide min care as needed.

If there was no reason to assume any problems or any signs of problems from what they saw at the exam,

You will have to prove that they did something that was not basically normal medical procedue.

Long waits to get in to see a doctor is very common in some areas and getting more common in others

Justcurious55 and Fr_Chuck have answered this one correctly:


It was up to you to find a clinic that could give you a timely appointment.
Until you finally had your appointment, the clinic had no duty toward you. Were you previously a patient of that clinic? And, in any event, while I am not a physician, I don't see anything that suggests that the miscarriage was due to lack of prenatal care.

You are going to have to be able to prove that something could have been done on or After November 8th that would have saved the baby.

I don't think you have a case here as most miscarriages that happen so early in any pregnancy are just nature's way of ending what might be a horribly misformed child. It would be somewhat different if you were say 8 or 9 months along and then something happened but being only 2 months along you really don't have any case for neglect or improper care. What improper care? There was/is none that I can see. What neglect? There was/is none that I can see. You cannot sue a doctor for an early miscarriage.