Failure to Diagnose Ectopic Pregnancy Could Be Medical Malpractice

Question: I found out I was pregnant August 2012. I have a high-risk pregnancy due to blood disorders. I also have major infertility issues and do not get pregnant easily. The week after I found out, I had an ultrasound with my perinatologist. He said that he did not see anything in my uterus but when he checked my pregnancy hormone levels (hcg) they were high. He rechecked them in a few days and they had doubled as they should have in a normal pregnancy. I believe they were about 3500 and he called me a few days after that, telling me that I needed to go to the ER right away. He told me that he should have seen something in my uterus and that at about 1000 for an hcg level you should definitely see something. The fact that my level was above 1000, he thought I was having an ectopic pregnancy. I have miscarried 6 times before. This was different and I told him that. I knew what it felt like to miscarry. I wasn't bleeding, no cramping, and I felt pregnant. I proceed to the ER anyways. Once there, I had an ultrasound. I prodded the ultrasound technician in tears. This was a desired pregnancy! She told me that she could see "something" in my uterus, but wanted the radiologist and the OB that was on for my regular OB to look at it first. I waited in the ER waiting room. They didn't even put me in a patient room and my husband and I were rightfully upset and I was crying. When the OB finally called us into a room after two hours, she said that she saw the baby in my left Fallopian tube. She said that I had two options. I could have surgery to remove the fetus and my left tube, because the tube was "damaged", and would pose problems for any future pregnancies, or I could get the methotrexate injection. She strongly urged me to get the methotrexate. My husband and I talked about it and decided it would be best to have the surgery and remove the tube. She was not happy about the decision and let us know that but I stuck to my decision.

The diagnosis was delayed but eventually made so it would be a difficult case to prove in court.  We could find an expert to criticize the delay, but the defense will predictably be able to find many Montana doctors to say the defendant doctor met the standard of care.  Remember, a bad result in medicine does not prove malpractice.  Because all serious cases rarely settle until trial or beyond, we have to evaluate how and if we could win the war against the doctor's insurance company's resources.  Please check with other lawyers for their opinions.