If I’m pregnant and my old OBGYN did a Pap smear and chlamydia/gonnerha test but failed to tell me that I had chlamydia, can they get in trouble?

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If I’m pregnant and my old OBGYN did a Pap smear and chlamydia/gonnerha test but failed to tell me that I had chlamydia, can they get in trouble?

If so, what legal action do I have to take and do I need a lawyer?

Asked on June 6, 2013 under Malpractice Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It may well be malpractice if they knew you had the disease but failed to tell you, since that would be unreasonable carelessness. However, the issue is, how have you--or your child--been hurt by the delay in telling you? You can only recover in U.S. law for actual injuries--for example, additional medical costs; lost wages; diminution of quality of life (such as through disablement, etc.). If the delay in finding out about the chlamydia has not significantly hurt you or your child, there is no point in a lawsuit: you'd spend more (malpractice suits can be expensive) then you would receive. You could, however, contact the state medical licensing board and file a complaint, if you wished.

 


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