Do I have a reasonable case if I was discharged from an ER with the diagnosis of missed abortion only to follow up at another ER and discover that I am actually pregnant?
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Do I have a reasonable case if I was discharged from an ER with the diagnosis of missed abortion only to follow up at another ER and discover that I am actually pregnant?
Asked on October 24, 2012 under Malpractice Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You probably do not have a realistic case, since regardless of whether the first ER committed malpractice or not, being pregnant is not considered an "injury" in this sense--you cannot recover any money for the fact that you are pregnant when the first ER said you were not. In theory, you could recover any out-of-pocket cost you paid for the second, follow-up ER visit, but there is no way that the amount you could receive would justify the cost of a lawsuit.
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