Misdiagnosed Miscarriage
A misdiagnosis can be one of the most horrific medical mistakes, with severe consequences for the patient and their loved ones.
At Chicago Medical Malpractice Lawyers, we can evaluate the circumstances surrounding the misdiagnosis and advise you on the legal options available to seek justice and compensation for your loved one’s suffering or death.
Our attorneys experienced in wrong-diagnosis cases will take on every aspect of your claim, assuring that you and your family’s needs will be taken care of in a timely manner.
A misdiagnosis can be traumatic and result in severe consequences, particularly if a miscarriage is incorrectly diagnosed and treatment is provided while the baby is still growing.
Working with our team of Chicago Medical Malpractice Lawyers is the first step towards getting compensation for your pain.
We’ll work with you to assess your case and the circumstances surrounding it and advise you on all available legal options.
Our attorneys understand misdiagnosed miscarriage cases and will take on every aspect of your claim, ensuring that your needs and those of your loved ones will be taken care of in a timely fashion.
Tell Us About Your Case
Schedule your free case evaluation with Chicago Medical Malpractice Lawyers today
Miscarriage Misdiagnosis Claims: Can A Miscarriage Be Misdiagnosed?
Yes, a miscarriage can sometimes be misdiagnosed.
In fact, according to a study in the BMJ journal, up to 3% of miscarriages may be initially incorrectly diagnosed.
For instance, in very early pregnancy, it can be difficult to detect a fetal heartbeat.
An early transvaginal ultrasound scan might show an empty gestational sac or a sac with a fetal pole but no heartbeat, which could be misinterpreted as a miscarriage.
A follow-up repeat scan ultrasound a week or two later is often recommended to confirm the diagnosis.
In rare cases, an ectopic pregnancy (where the fertilized egg implants outside the uterus) might be mistaken for a miscarriage, especially if it is not initially detected on ultrasound.
Sometimes, a woman might experience bleeding in early pregnancy, leading to a diagnosis of miscarriage.
However, if she conceives again very soon after, a subsequent pregnancy might be mistaken for the continuation of the previous pregnancy, leading to confusion in diagnosis of the pregnant woman.
A blighted ovum or anembryonic pregnancy is a condition where a gestational sac develops without an embryo.
It can be misdiagnosed as a miscarriage if the diagnosis is made too early.
Follow-up ultrasound scans can help clarify the situation.
Finally, a doctor may simply misinterpret miscarriage symptoms.
Vaginal bleeding and cramping are common symptoms of miscarriage, but they can also occur in healthy pregnancies.
Misdiagnosis can occur if these symptoms are assumed to indicate a miscarriage without proper confirmation through an ultrasound scan or blood tests.
Physical And Emotional Injuries Stemming From Misdiagnosed Miscarriages
When a miscarriage is misdiagnosed, several types of physical and emotional injuries can occur.
The patient may undergo unnecessary procedures, such as dilation and curettage (D&C).
If a miscarriage is misdiagnosed and a D&C is performed unnecessarily, it can lead to complications such as uterine perforation, infection, or scarring (Asherman’s syndrome).
Medications used to manage a miscarriage, such as misoprostol, can cause severe cramping, heavy bleeding, and other side effects if taken unnecessarily.
If a viable pregnancy is misdiagnosed as a miscarriage, lack of appropriate prenatal care or intervention can risk the health of both the mother and the fetus.
An ectopic pregnancy misdiagnosed as a miscarriage can lead to a ruptured fallopian tube, internal bleeding, and potentially life-threatening complications to the mother and baby if not treated promptly.
In addition to physical injuries, believing one has lost a pregnancy can be devastating, causing significant emotional distress, grief, and depression.
This emotional trauma is exacerbated if the misdiagnosis is later discovered, particularly if the patient endured unnecessary medical procedures or treatment.
Our Experience With Miscarriage Misdiagnosis Lawsuits
We’re a Chicago-based wrong diagnosis law firm specializing in medical malpractice with extensive experience representing clients in cases involving miscarriage misdiagnosis and related injuries.
We have successfully litigated numerous cases where patients suffered harm due to false or incorrectly diagnosed miscarriages and related complications, securing compensation for medical expenses, lost wages, and pain and suffering.
Our expertise in this area often involves collaborating with medical experts to uncover negligence and advocate for their clients’ rights.
We focus on clients in Chicago, Illinois, and the surrounding areas.
Some examples of our medical malpractice lawsuit cases we’ve handled include settlements of $1.25 million for an undisclosed negligent failure.
What Is A Miscarriage?
Medically, a miscarriage is defined as the loss of a pregnancy before the 20th week of gestation.
It is a relatively common event, occurring in about 10-20% of known pregnancies, though the actual rate may be higher since many miscarriages occur before a woman even knows she is pregnant.
How Could A Doctor Misdiagnose A Miscarriage?
A doctor can misdiagnose a miscarriage due to several factors, often related to the limitations of diagnostic tools and the natural variability in early pregnancy development.
Some common reasons that a miscarriage could be misdiagnosed include:
Ultrasound Timing. If an ultrasound is performed very early in the pregnancy, it might be too soon to detect a fetal heartbeat or see the developing embryo. This can lead to a mistaken diagnosis of a non-viable pregnancy.
Irregular Menstrual Cycles. Women with irregular cycles may have uncertain conception dates, leading to misinterpretation of ultrasound machine findings based on incorrect gestational age calculations.
Variability in hCG Levels. Human chorionic gonadotropin (hCG) is a hormone produced during pregnancy. Its levels rise rapidly but can vary widely among individuals. A single measurement that appears low might suggest a miscarriage, but serial measurements over time are needed to accurately assess pregnancy viability.
Lab Errors In hCG Testing. Errors in laboratory testing or incorrect interpretation of results can lead to misdiagnosis.
Ectopic Pregnancy. An ectopic pregnancy, or one where the embryo implants outside the uterus, might not be immediately visible on an ultrasound, leading to initial misdiagnosis as a miscarriage.
Blighted Ovum (Anembryonic Pregnancy). This condition occurs when a gestational sac forms without an embryo. Early initial tests and ultrasounds might not detect this condition accurately, leading to a doctor misdiagnosis.
Misinterpretation Of Symptoms. While common symptoms of miscarriage, bleeding and cramping can also occur in viable pregnancies, particularly in the first trimester. Passing tissue or clots can be misinterpreted as a complete miscarriage when the healthy pregnancy might still be viable.
Ultrasound Errors. Older or less advanced ultrasound machines might not provide clear images, leading to misinterpretation. In addition, the skill level and experience of the person performing the ultrasound can affect the accuracy of the diagnosis.
Subsequent Pregnancy. If a woman becomes pregnant again shortly after a miscarriage, an early ultrasound might mistake the new pregnancy for retained tissue from the previous one.
What Are The Signs Of A Misdiagnosed Miscarriage?
Recognizing the signs of a misdiagnosed miscarriage involves being aware of both the physical and diagnostic indicators that might suggest the pregnancy is still viable.
Some signs that a miscarriage may have been misdiagnosed include:
Persisting Pregnancy Symptoms. Nausea and vomiting or continued morning sickness and other pregnancy-related nausea can indicate that the pregnancy is still ongoing. Ongoing breast tenderness, enlargement, or changes in the areola can suggest a viable pregnancy.
Rising hCG Levels. If follow-up blood tests show rising levels of the pregnancy hormone hCG, it suggests that the pregnancy is progressing rather than ending.
Ultrasound Findings. If the original ultrasound suggested a miscarriage, a follow-up ultrasound might detect a fetal heartbeat that was not visible in an earlier scan. Moreover, Evidence of continued fetal growth or the appearance of the fetal pole (early structure of the embryo) on a subsequent ultrasound can indicate a viable pregnancy. Better imaging techniques or more skilled ultrasound technicians might provide a clearer picture in subsequent scans, revealing a viable pregnancy.
Absence Of Miscarriage Symptoms. Lack of expected miscarriage symptoms such as bleeding or cramping might indicate that the pregnancy is continuing.
Discrepancy In Gestational Age. If the initial miscarriage diagnosis was based on an incorrect assessment of the gestational age, the pregnancy might still be within a normal range of development for the actual gestational age.
Uterine Size. The uterus may continue to grow if the pregnancy is ongoing, which can be detected during a physical exam.
What Should You Do If You Suspect A Miscarriage Misdiagnosis?
If you think that your or a loved one’s miscarriage is a misdiagnosis and a pregnancy may still be viable, you should immediately seek a second opinion and further evaluation from another healthcare provider.
This evaluation should involve follow-up tests, repeat ultrasounds, and serial hCG blood tests to monitor the pregnancy over time. You should also keep track of any continuing pregnancy symptoms and report them to your doctor.
Last but not least, advocate for yourself (and speak to a malpractice lawyer if you believe you have a claim).
If you have concerns about the diagnosis, communicate them clearly with your healthcare team and ask for detailed explanations of your test results and findings.
Confirming whether a miscarriage diagnosis is accurate is crucial for ensuring appropriate care and avoiding unnecessary interventions. It also provides emotional reassurance and clarity in a challenging situation.
What Happens If A Miscarriage Is Misdiagnosed?
A misdiagnosis of a miscarriage can lead to various physical, emotional, and psychological harms.
Physical Harms Of A Misdiagnosed Miscarriage
The potential physical harms of a misdiagnosed miscarriage include unnecessary medical procedures.
For instance, if an unnecessary dilation and curettage (D&C) is performed, it can lead to complications such as infection, uterine perforation, scarring (Asherman’s syndrome), and complications in future pregnancies.
Misoprostol or other medications used to induce miscarriage can cause severe cramping, heavy bleeding, and other side effects if the pregnancy is actually viable.
If an ectopic pregnancy is misdiagnosed as a miscarriage, it can lead to a rupture, severe internal bleeding, and potentially life-threatening complications.
Finally and perhaps tragically, misdiagnosis of a miscarriage can lead to the termination of a pregnancy that might otherwise have continued to be healthy and viable.
Emotional And Psychological Harms Of A Misdiagnosed Miscarriage
The grief, trauma, and emotional Distress: Believing that you have lost a pregnancy can have a significant psychological and emotional impact.
A miscarriage misdiagnosis can lead to anxiety, depression, and post-traumatic stress disorder (PTSD).
Furthermore, the patient may develop a loss of trust in healthcare providers (medical mistrust), since experiencing a misdiagnosis can erode one’s faith in medical professionals, leading to anxiety and reluctance to seek appropriate or necessary medical care in the future.
The stress and emotional toll of a misdiagnosis can strain relationships with partners, family members, and friends.
A miscarriage misdiagnosis can also affect one’s daily functioning, work performance, and social interactions.
What Are The Health Implications Of A Misdiagnosed Miscarriage?
An incorrectly diagnosed miscarriage can lead to complications in future pregnancies, since surgical procedures like D&C can lead to uterine scarring, which may affect future fertility and pregnancy outcomes.
Women who have experienced a misdiagnosis may face heightened anxiety and fear during subsequent pregnancies.
The consequences of a miscarriage misdiagnosis can be profound and far-reaching, affecting physical health, emotional well-being, and future pregnancies.
An accurate diagnosis, follow-up testing, and clear communication between healthcare providers and patients are crucial to preventing misdiagnosis and mitigating its potential harms.
If you believe that you or a loved one have suffered due to a wrongly diagnosed miscarriage, contact a medical malpractice attorney in your area to see if you have a legal claim to compensation.
How Are Misdiagnosed Miscarriages Prevented?
While healthcare professionals are human and therefore not infallible, there are some preventative measures that can be taken to avoid a miscarriage misdiagnosis.
These include follow-up tests, like ultrasounds and serial hCG tests that can help confirm a miscarriage diagnosis and prevent misdiagnosis.
Seeking a second opinion from another doctor can provide additional confirmation and reduce the risk of misdiagnosis.
If you are not sure that a miscarriage diagnosis was accurate, your first step should be to consult another healthcare professional to confirm or verify the first doctor’s diagnosis.
Your doctor(s) should educate you about the diagnostic process and involve you in decision-making.
This helps to ensure you fully understand and are comfortable with the diagnosis and treatment plan.
Enhancing training for healthcare providers on the accurate diagnosis of miscarriage can reduce the risk of misdiagnosis, and so can implementing standardized protocols for diagnosing and managing suspected miscarriages.
How Do You Prove A Miscarriage Misdiagnosis Claim?
To successfully prove a miscarriage misdiagnosis, you need to show that:
The initial diagnosis was incorrect based on medical evidence.
Subsequent tests and evaluations provided evidence of a continuing pregnancy.
There was a deviation from standard medical practice in diagnosing the miscarriage.
Successfully proving a misdiagnosis can help ensure appropriate care and prevent similar issues in the future.
Proving a miscarriage misdiagnosis involves gathering and presenting evidence that the initial diagnosis was incorrect.
Here are the steps you can take to establish a misdiagnosis (along with contacting a medical malpractice lawyer in your area):
1. Seek a Second Opinion. Get a second opinion from another obstetrician-gynecologist or a maternal-fetal medicine specialist. A fresh perspective and independent evaluation can help identify any errors in the initial diagnosis.
2. Request Follow-Up Tests. Schedule follow-up ultrasounds a week or two after the initial diagnosis to check for the presence of a fetal heartbeat or further development. Get serial hCG Blood Tests or measure hCG levels multiple times over a few days to observe their trend. Rising hCG levels generally indicate a continuing pregnancy.
3. Review The Medical Records. Obtain copies of all ultrasound images and reports and have them reviewed by another healthcare provider to ensure the findings were interpreted correctly. In addition, gather all blood test results showing hCG levels and their changes over time.
4. Monitor And Track Pregnancy Symptoms. Keep a detailed record of any ongoing pregnancy symptoms such as nausea, breast tenderness, and fatigue. These can provide additional evidence that the pregnancy is continuing.
5. Document Physical Changes. A physical exam by a healthcare provider can assess uterine size and growth, which should correspond with a continuing pregnancy.
6. Request Additional Imaging. In some cases, more advanced imaging techniques like 3D ultrasound or MRI might provide clearer information about the pregnancy’s status.
7. Consult A Maternal-Fetal Medicine Specialist. A specialist in high-risk pregnancies can provide a more detailed evaluation and potentially identify issues that were missed or misinterpreted initially.
8. Legal And Medical Review. Have your medical records reviewed by a legal expert specializing in medical malpractice to determine if there was a breach of standard care.
9. File A Complaint. If you believe the misdiagnosis resulted from negligence or incompetence, you may consider working with an attorney and filing a formal complaint with the medical board or pursuing legal action.
Next Steps After A Miscarriage Misdiagnosis
If you think that you or a loved suffered injury due to an incorrectly diagnosed miscarriage, you may have a legal claim to compensation.
Start by contacting a medical malpractice lawyer with experience in misdiagnosed miscarriage cases (if you are in the Chicago area or nearby in Illinois, contact us), and take the following measures:
Document Everything. Keep detailed records of all symptoms, appointments, test results, and communications with healthcare providers.
Stay Informed. Research standard practices for diagnosing and managing suspected miscarriages to better understand your situation and advocate for yourself.
Communicate Clearly. Clearly articulate your concerns and observations to your healthcare providers and your attorney, asking for thorough explanations and justifications for their diagnoses and recommendations.
Emotional Support. Seek emotional support from family, friends, or a counselor to help cope with the stress and uncertainty during this process.
Miscarriage Misdiagnosis Malpractice Lawsuit FAQs
Get answers to your questions about miscarriage misdiagnosis malpractice lawsuits from our medical malpractice attorneys.
How Are Misdiagnosed Miscarriages And Similar Injuries Proven In Malpractice Cases?
Malpractice cases involving any kind of incorrect diagnosis require certain evidence.
Typically, this involves demonstrating that the medical professional(s) involved failed to adhere to the accepted standard of care during the procedure.
This failure is proven via expert testimony from obstetricians or related specialists, medical record review to identify deviations from protocol, and the establishment of a clear causal link between the error and the resulting injury through medical analysis and documentation.
What Evidence Is Needed For A Misdiagnosed Miscarriage Malpractice Lawsuit?
Some examples of key evidence in a misdiagnosed miscarriage lawsuit includes medical records detailing the diagnosis and associated procedures, any tests performed and the associated results, evidence of any complications, and subsequent treatment.
Expert testimony from obstetricians or other relevant medical specialists is often critical for establishing the standard of care and identifying deviations.
Documentation demonstrating the link between the error and the resulting injury, such as medical evaluations and patient testimony, also strengthens the case for negligence and damages.
Is There A Statute Of Limitations On Misdiagnosed Miscarriage Lawsuits In Illinois?
Yes, in Illinois, there is a statute of limitations for medical malpractice lawsuits, including those related to misdiagnosed miscarriage, false miscarriages, or similar errors.
A malpractice lawsuit must be filed within two years from the date the patient knew or reasonably should have known of the injury, but no more than four years from the date of the alleged malpractice.
However, there are exceptions and nuances to this rule, making it essential to consult with a qualified attorney to understand how the statute of limitations applies to your specific case.
What Kind Of Compensation Can I Expect From A Successful Misdiagnosed Miscarriage Lawsuit?
In a successful lawsuit for a misdiagnosed miscarriage or similar claim, your compensation typically covers medical expenses related to treating the injury caused by the malpractice, including surgeries, rehabilitation, and ongoing medical care.
Additionally, your compensation may include reimbursement for lost income due to the injury plus damages for pain and suffering endured as a result of the malpractice.
The exact amount of compensation you may receive in a misdiagnosed miscarriage malpractice lawsuit is based on factors such as the severity of the injury, the impact on your or the patient’s life, and applicable laws in your jurisdiction.
Find Out If You Have An Misdiagnosed MIscarriage Malpractice Case In Chicago, Illinois
Did you or a loved one suffer from a misdiagnosed miscarriage or similar pregnancy complication that occurred in Illinois?
If you are located in Chicago or the surrounding areas, contact the experienced medical malpractice attorneys at Chicago Medical Malpractice Lawyers for a free consultation to better understand your legal options.
Tell Us About Your Case
Legally Reviewed By
Adam J. Zayed
Adam J. Zayed, the founder and managing trial attorney of Chicago Medical Malpractice Lawyers, and a nationally recognized and award-winning personal injury and medical malpractice trial attorney.
Chicago Medical Malpractice Lawyers
833 W Chicago Ave., Suite 303
Chicago, IL 60642
Tel: 312.883.6907
Fax: 312.481.7927