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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 115450
Experience:  20+ Years of Employment Law Experience
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My wife was diagnosed a diabetic while around 6 or 7 months

Customer Question

My wife was diagnosed a diabetic while around 6 or 7 months pregnant by her OBG/YN and was given a restricted diet and told to check her blood sugar multiple times daily. Then on a routine OBG/YN visit they told her they where wrong and that she was not diabetic at all around 9 months and 2 weeks later.
Do we have a malpractice case
Submitted: 1 year ago.
Category: Employment Law
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Did your wife suffer any injury or harm as a result of being told she had gestational diabetes?
Customer: replied 1 year ago.
pricking of her finger daily and having to purchase the equipment to test her blood sugar
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Gestational diabetes can be difficult to diagnose. Not all misdiagnosis is a result of negligence. However, under NC law, in order to sue for malpractice, which is what you are claiming, you need a doctor to be willing to sign a notarized affidavit stating that based on the information the doctor had at the time they made the diagnosis (not months later) the doctor's diagnosis on that information was below the reasonable standard of care. Once you get that, then because there is no major harm here, no attorney will take this low of a value case, if you want to sue you may sue in small claims court for up to $10,000 as pricking a finger and testing supplies is not going to give rise to substantial damages in court, so small claims court would be the proper venue for this.