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legalg, Attorney
Category: Personal Injury Law
Satisfied Customers: 7048
Experience:  General Practitioner. Research Attorney
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My primary care doctor released me good health to get my

Customer Question

my primary care doctor released me good health to get my breast reduction and did test and xray so I had the surgery then got sick found out I was pregnant the whole time so it cause to get worst and I lost the baby at 3 months and had to get s DNC at Emmory hospital not sure what went wrong because I haven't stop bleeding since and because of all this on the 20th of this month I have to have a partial hysterectomy so it's costing me depression lost at work and more but the worst is once I confronted him and the surgeon they both tried to put the blame on each other but not understanding where it left me the worst thing was after the dnc my primary send me a letter stating he could no longer be my doctor with no reason why didn't want to talk to me and chaned me 100 something for my chartnotes and most were missing im looking to take this to court because of my loss of the baby medical bills and time loss from work im finally able to talk about it now
Submitted: 4 months ago.
Category: Personal Injury Law
Expert:  legalg replied 4 months ago.

I am very sorry to hear this;

Negligence is defined as a failure to perform with the level of care that someone of ordinary prudence would have exercised under the same circumstances. The behavior usually consists of actions, but may consist of omissions when there is some duty to act. This cause of action has 5 elements: the existence of a legal duty to exercise reasonable care; a failure to exercise reasonable care; harm caused by the negligent conduct; physical harm of actual damages; and proximate cause (reasonably foreseeable damages).

Negligence in the medical arena is called medical malpractice. Generally if a doctor allows a patient to undergo surgery and fails to advise of possible effects if the patient is pregnant, they can be liable. Once physical damage is evident, the person can sue for the following: medical costs, pain and suffering, legal fees and costs, punitive damages (designed to punish the defendant so they don't do this in the future).

The lawyer will subpoena medical records to get the entire file and will have an expert witness review the file to determine blame. If there are 2 defendants any judgment can be divided between them based on their percentage of fault.

It is important to contact an attorney as there is a statue of limitations of 2 years for medical malpractice per GA statute 9-3-70 et al.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalg replied 4 months ago.

Checking in on the above.

Thank you for using JA!

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