6/5/11-found out I was pregnant 6/5 by store-bought test.
6/18/11-visit to ER for severe cramps, no bleeding. Sonogram proved to be 5 weeks and 5 days pregnant. Fetus had below normal heartrate and was told I would probably lose the baby. Medications given in hospital was tylenol. Was told that ob-gyns would not see me until at least 10 weeks.
7/16/11-went to ER again for severe cramps and bleeding. Was told I was having miscarriage. 11 weeks pregnant this time and was told sonogram and blood test showed fetus did not develop past six weeks. Dr did not know if fetus had died at six weeks or did just not develop. No heartbeat at this time. Was given meds by vaginal insertion to complete the miscarriage. Scripts written for pain and antibiotic for UTI.
7/19/11-dr follow up at women's clinic. I verbally expressed that no clots had passed through my body. Sonogram and visual inspection by dr showed cervix still dialated and "tissue/clots/fetus" was stuck at the cervix. Dr pulled out parts of tissue with "tweezers" and gave meds to induce miscarriage again. No scripts sent home.
7/22/11-dr follow up. visual inspection and sonogram showed cervix not as dialated as last visit but "clots/tissue/maybe fetus" still stuck at the cervix opening. Again used "tweezers" to pull out as much as she could. Another dosage of previous med script sent home with me and sent home with pain pills. Still no passage of anything...
Wanting to know if malpractice might apply.
Currently the only insurance I have is Pregnancy Medicaid from the state of Texas. Hospital accepted as payment but follow dr does not. She has seen me free of charge and I have not had to pay her anything. My insurance with my husband will be effective 8/21/11 and she has agreed to work with me until then. I am thankful for this but feel that I might be in danger if I have a dead fetus still inside me...

What was her reason for not opening your cervix?
What was the reason for not using Medicaid?

She didn't say anything about opening my cervix and I didn't know that could be done.
The women's clinic she works at doesn't accept Medicaid she said.

She didn't say anything about opening my cervix and I didn't know that could be done.
The women's clinic she works at doesn't accept Medicaid she said.

I wonder if she is not actually a doctor.. did she sign the scripts?
Anyway, typically you would have a D&C, dilation and curettage, to remove the embryo or fetus and to scrape the lining of the uterus of tissue. This is done by dilating the cervix. There are certain small risks, such as bacterial infection or perforation of the uterine wall, but it is common and standard.
A dead fetus can remain in the uterus for some time. It usually comes out on it's own. If you were to get a sudden fever, you should go to a real ER, but you might be OK until next month.

Don't sue anyone. If you want that D&C now, go somewhere where your Medicaid is accepted.

You need to ask her why a D&C has not been performed.