The loss of a child through a misdiagnosed miscarriage can bring a great deal of pain and anguish to a mother, not to mention the physical risks as well. It’s difficult to adequately compensate grieving parents for the loss of a child. However, from a legal standpoint, a mother that has suffered due to a misdiagnosed miscarriage may have retribution by holding the parties accountable for their loss.
Liable Parties in Misdiagnosed Miscarriage Claims
Throughout her pregnancy, an expectant mother will usually depend on the medical recommendations and treatment of an OB/GYN physician. In a claim that pertains to a misdiagnosed miscarriage, a patient may be able to hold their OB/GYN responsible for any damages or losses that were incurred, if they can establish that the misdiagnosis was due to negligence.
Through legal guidelines, a patient must show that the OB/GYN supervising their pregnancy was unsuccessful at recognizing an impending miscarriage in a way that showed the level of care was below standards. If the level of care was breached, this would constitute negligence and make the responsible parties held accountable for damages. The question that arises however, is what type of damages exist to a patient if an OB/GYN practitioner is found negligent in his practices?