Can I sue if I was X-rayed without a shield and I was pregnant?

UPDATED: Sep 30, 2022

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Can I sue if I was X-rayed without a shield and I was pregnant?

I was recently at a hospital with chest pains I was not asked if I could be pregnant nor was a pregnancy test taken no urine was taken. They took X-rays and never put a shield over to protect me. I was indeed pregnant at the time but did not know yet. Do I have a case?

Asked on June 26, 2016 under Malpractice Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

First and most importantly, you can only sue for an actual injury to you or your baby, not merely for a risk or what could occur: the law does not provide compensation for hypothetical situations. Until and unless there is some harm to you or your baby, there is no compensation you could get.
Second, it's not clear this was negligent if 1) you did not appear pregnant (giving them a reason to ask), 2) the situation was urgent, and 3) you were conscious but did not tell them you were pregnant--normally, a pregnant woman in your situation would mention her pregnancy. Under these circumstances, it may not have been negligent, or unreasonably careless, to have x-rayed you as if you were not pregnant.

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