回複:流產不全

本文內容已被 [ bm ] 在 2005-01-18 14:57:29 編輯過。如有問題,請報告版主或論壇管理刪除.

This is a hard case. What I am going to say is going to sound harsh and not sympathetic, but please bear with me.

As Scoopydoo said, what you had was a known complication, and you don't have much actual damage. I am pretty sure when you chose the procedure, the doctor at the clinic had you sign an informed consent form, which would have listed this complication in it. So in the face of the law, you knew about this risk, and made a conscious choice to take it. However, if you can prove that the doctor at the clinic somehow misled you to believe that there was no risk, and made unrealistic promises, then you may have a case.

From what you said, the second procedure seemed to have rectified the problem, and you are not suffering any long term problem. This is why Scoopydoo said that you do have damage. I am sure your emotional distress is real, but it has to be proven. (eg. clear manifestation: doctor's visit, clinical diagnosis...)

The only negligence of the doctor at the clinic I can see from your narration is their repeated misdiagnosis of your condition when you went back to them. This delayed you from getting the proper medical care, and made you endue more pain and suffering. However, this delay did not seem to result in any more harm. So getting a large sum of compensation is not likely.

Finally, your request that the clinic pay for your hospital expense should be supported on the basis of effective mitigation of damages. You sought competent medical help, and prevented further complication of your condition. The clinic's argument that you should have went back for the D&C is ridiculous. No reasonable person would agree that you should take the undue risk to go back for the D&C, when they misdiagnosed your condition to begin with. It would presumably cost them the same amount of money to perform the procedure anyway.

Best wishes.

Ps. You may want to file a complaint to your state's medical board.

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