Outcome Inevitable or Medical Malpractice?

I went to a new OB Gyn on 6/15/2007 and was given a prescription for birth control, on 7/16/2007 I found I was pregnant. On 7/17/2007 I had a sonogram and was informed my pregnancy was ectopic, I was 6-8 weeks, and I was bleeding internally. I was sent to the emergency room where I had surgery and a portionof my right tube was removed along with the pregnancy. The doctor who gave me the prescription for birth control (ortho evra) did not bother giving me a pregnancy test only a pap smear. Had the doctor diagnosed me four weeks prior could the surgery have been avoided? Do I have a case for medical malpractice?

There are non-surgical treatments for ectopic pregnancy, so that's a possible angle. I would suggest having a second pathologist look at the tissues harvested during the procedure, because it's not inconceivable that you got pregnant AFTER the patch was started: ortho evra does not provide full protection for at least a couple of days (more like a couple of months).

Definitely talk to a malpractice lawyer.

I think maybe you need to see a lawyer who specializes in medical malpractice although I must warn you ,in the united states it is very hard to prove a medical malpractice case . good luck to you and I am very sorry for your loss .

I am sorry for your loss, but I cannot help but wonder if there are missing facts that are critical.

Is the standard of care one that requires a test in all cases? It is likely your doctor told you to not take the pills if you were pregnant. Maybe the duty was on you to know if you were pregnant. If your doctor was led to believe that you had not been sexually active for some time, there should be no reason for the test.

While it may be safer to require all women to have a pregnancy test before getting a prescription for birth control, what about the added costs when the test is not necessary? Are there going to be people that cannot get birth control because the added costs of this test is a barrier? Or will this added costs get passed on to the rest of us becuase some people need to be protected from themselves.

Consult an attorney either way. But be aware that even if there is a legal claim, there is no free money and pursuing a case may be more costly emotionally than it is worth.

The issue is whether the doctor acted within the standard of care. If the doctor did what any other doctor would do, there was no malpractice. If a doctor normally gives a pregnancy test on the first visit, when one wasn't requested, than maybe you have a case. You also have the problem of proving that the pregnancy would not have been ectopic, but for your use of the birth control pill. It's a tough one. From my own experience, I have never been given a pregnancy test, just was asked, if there was a chance that I could be pregnant. However, you should see a medical malpractice attorney for a free consultation.