Jump to content

Doctor mistakes pregnancy for ear problem


  • Please log in to reply
41 replies to this topic

#1 Guest_zeus359_*

Posted 13 November 2012 - 12:05 PM

A Melbourne woman has launched a Supreme Court action against a doctor who she claims misdiagnosed her as having inner-ear problems when she was actually seven months pregnant.


www.essentialbaby.com.au/pregnancy/pregnancy-symptoms/doctor-sued-after-mistaking-pregnancy-for-ear-condition-20121115-29dlp.html

Hmmm would be interesting to see what actually went on. If she presented with nausea and dizziness and a pregnancy test ruled out pregnancy & if she thought she couldn't be pregnant, then I can't see why the doctor would pursue it any more.

Edited by EBmel, 15 November 2012 - 10:08 AM.
(changed to EB link)


#2 Fanny McPhail

Posted 13 November 2012 - 12:10 PM


QUOTE
The damages claim includes cover for medical expenses and the cost of raising the child.


Maybe I'm not litigous enough I can't understand how the doctor is liable for the above unless the Doctor impregnanted her.

The patient had sex, one of the side-effects of sex is pregnancy. Really not the doctors fault.

#3 EsmeLennox

Posted 13 November 2012 - 12:27 PM

I imagine the argument will be that she found out too late to terminate so was stuck with no choice but to raise the child.

#4 sarkazm76

Posted 13 November 2012 - 12:36 PM

Doesn't her admission she loves her son to bits kinda work against that argument though?

#5 HerringToMarmalade

Posted 13 November 2012 - 12:39 PM

QUOTE (Jemstar @ 13/11/2012, 01:27 PM) <{POST_SNAPBACK}>
I imagine the argument will be that she found out too late to terminate so was stuck with no choice but to raise the child.


But did she originally go to the doctor within the time frame for termination? If the first appointment was already too late, then surely it wouldn't have made a difference whether she found out then or later in terms of termination.

#6 Rosiebird

Posted 13 November 2012 - 02:11 PM

I may have to change my opinion on social abortion if she wins this case of "wrongful birth" with a healthy child.

#7 EsmeLennox

Posted 13 November 2012 - 07:50 PM

Totally her admission that she wouldn't be without the child goes against it, I have no idea when she first presented to the gp, I am just suggesting what the  argument might be. I would also ask why it took her so long to poas with the symptoms she had. Personal responsibility I reckon.

#8 MrsLexiK

Posted 13 November 2012 - 07:54 PM

QUOTE (Jemstar @ 13/11/2012, 01:27 PM) <{POST_SNAPBACK}>
I imagine the argument will be that she found out too late to terminate so was stuck with no choice but to raise the child.

Adoption? Meh Slater and Gordon have taken this on, says enough for me.

#9 imamumto3

Posted 13 November 2012 - 07:59 PM

QUOTE (MrsLexiK @ 13/11/2012, 08:54 PM) <{POST_SNAPBACK}>
Adoption? Meh Slater and Gordon have taken this on, says enough for me.

this was my thoughts too

#10 Rosiebird

Posted 13 November 2012 - 08:05 PM

QUOTE (Jemstar @ 13/11/2012, 12:27 PM) <{POST_SNAPBACK}>
I imagine the argument will be that she found out too late to terminate so was stuck with no choice but to raise the child.


She had a few choices along the way...abstinence, condoms, the pill, implanon, mirena, the morning after pill, tracking her cycles to see if she missed a period, pregnancy tests from the chemist...
I think if she wins a wrongful birth suit she should lose custody of the child.

#11 namie

Posted 13 November 2012 - 08:26 PM

QUOTE (Jemstar @ 13/11/2012, 08:50 PM) <{POST_SNAPBACK}>
I would also ask why it took her so long to poas with the symptoms she had. Personal responsibility I reckon.

That's what I think too. Why have four visits to a doctor for a blood test referral before peeing on a stick? I'd rather spend $13 on a two-pack of tests than spend $70 on each doctors visit if I was missing my period.

It does seem odd to diagnose an inner-ear problem given the missing periods, but the story doesn't go into enough details, there's obviously more to it.

Will be interesting to see what the outcome is.

#12 EsmeLennox

Posted 13 November 2012 - 09:07 PM

QUOTE (MrsLexiK @ 13/11/2012, 05:54 PM) <{POST_SNAPBACK}>
Adoption? Meh Slater and Gordon have taken this on, says enough for me.



QUOTE (rosiebird @ 13/11/2012, 06:05 PM) <{POST_SNAPBACK}>
She had a few choices along the way...abstinence, condoms, the pill, implanon, mirena, the morning after pill, tracking her cycles to see if she missed a period, pregnancy tests from the chemist...
I think if she wins a wrongful birth suit she should lose custody of the child.


Agree.

The thing that I thought was imagine having to explain the lawsuit to your child when they were older???

#13 adl

Posted 13 November 2012 - 09:16 PM

Yes S&G....let's just clear this bit up...you can't sue for having a wrongful birth on healthy child...courts in Australia refuse to go there....not really sure why these law firms keep trying it on...

This won't win  them any favours??? Must have been a slow day at the firm now that they  aren't fielding questions about Julia's employment there   rolleyes.gif

Edited by adl, 13 November 2012 - 09:17 PM.


#14 Froger

Posted 13 November 2012 - 09:39 PM


Yes, I think you can sue for wrongful birth. Except perhaps where legislation prevents it.  I think you mean wrongful life? I think wrongful life is currently not recognised in Australia.

I hardly think she would lose her child? Why would she? That is the whole point of suing isn't it? To have the funds to raise the child. If the child was automatically removed in such a case, no point to suing.

And what's wrong with Slater and Gordon? Just wondering.

#15 FeralZombieMum

Posted 13 November 2012 - 09:40 PM

Apparently the doctor did do a pregnancy test, but not the blood tests.

QUOTE
A statement of claim by Slater & Gordon alleges after an initial urine test was negative, Dr Mitchell failed on three more occasions to send the woman for a blood test, which would have confirmed the pregnancy.



These 2 following quotes are confusing - did she discover the pregnancy test via ultrasound or via doing her own HPT at 7 months?
QUOTE
"When the ultrasound guy said, 'Congratulations, you're 29 weeks pregnant', I just completely flipped out. I only had two months to work out what I was going to do, how I was going to look after him.

QUOTE
The woman said she did a home pregnancy test in August 2009, when she started putting on weight.
http://www.news.com.au/national/doctor-sue...1-1226515375126

I was around her age when I had my first child. I think if you've had sex and then have those symptoms she'd experienced, then surely you'd be asking the doctor to do more tests to rule it out? I certainly knew by those symptoms what had happened - and with home pregnancy tests being so accessible and so much information available, especially online, you have to wonder why she didn't do a test herself at a much sooner date?

Edited by ZombieMum, 13 November 2012 - 09:54 PM.


#16 Milamum09

Posted 13 November 2012 - 09:48 PM

QUOTE (ZombieMum @ 13/11/2012, 07:40 PM) <{POST_SNAPBACK}>
Apparently the doctor did do a pregnancy test, but not the blood tests.




These 2 following quotes are confusing - did she discover the pregnancy test via ultrasound or via doing her own HPT at 7 months?


http://m.news.com.au/VIC/pg/0/fi1784121.htm

I was around her age when I had my first child. I think if you've had sex and then have those symptoms she'd experienced, then surely you'd be asking the doctor to do more tests to rule it out? I certainly knew by those symptoms what had happened - and with home pregnancy tests being so accessible and so much information available, especially online, you have to wonder why she didn't do a test herself at a much sooner date?


I am guessing she found out she was pregnant from POAS but didn't know just how far along until ultrasound.


#17 B.feral3

Posted 13 November 2012 - 09:52 PM

Fingers crossed she looses.

I'm angry at her for wasting 2 minutes of my time that I'll never get back just reading about her pathetic lawsuit. Hopefully if the courts feel she is wasting their time, they'll do what I can't do and charge her for it.

#18 FeralZombieMum

Posted 13 November 2012 - 09:55 PM

QUOTE (Milamum09 @ 13/11/2012, 10:48 PM) <{POST_SNAPBACK}>
I am guessing she found out she was pregnant from POAS but didn't know just how far along until ultrasound.

Ahhh that would make sense. ddoh.gif




#19 libbylu

Posted 13 November 2012 - 09:55 PM

You would think the doctor would be more astute.
My friend recently had no idea she was pregnant as she has irregular periods and it just didn't occur to her.   She had been having terrible headaches and though she was dying of a brain tumour!  The doctor worked it out fairly quickly though, and she was 11 weeks along.


#20 namie

Posted 13 November 2012 - 09:59 PM

The more I think about it the more I don't understand her reasoning for suing - apart from as a money grab.

If the doctor had misdiagnosed the ear infection and given medication which then harmed the baby leaving him with a disability, then I could understand why she'd sue. Her medical expenses and care for the child would potentially be substantially higher than they would be for children without a disability.

But going off the information I've read, she seems to have found out she was pregnant at some point, which most people do, prior to the healthy baby's arrival and was administered medication after the doctor's test also came back negative. I don't see the problem.

I wasn't sent off for blood tests after getting a positive pregnancy test because my GP trusted that the since they're generally 99% accurate, if it said I was pregnant then I was. I assume that in the reverse, if I told him my test was negative, he'd believe that and start investigating other causes for the dizziness etc.

Although, since we were TTCing I did POAS 3 times to be sure, lol! If you're not trying and not expecting perhaps one negative is enough to convince you you're not pregnant?

#21 adl

Posted 14 November 2012 - 05:55 AM

S&G are well known for class actions, and sensational litigation like this

Yes what I meant was that the courts will not put a price on a healthy child like this woman is attempting...what's your damage? Your loss? There are no special medical or other circumstances except she had sex, got pregnant and there was a delay etc on diagnosis? Loads of people don't find out they are pg till late in gestation, they don't run off to sue?

Already there has been some outrage here...

It's a grab on the doctors indemnity insurance And headlines , I do feel sorry for the child...no mention of the father but surely he has some say in this or what's the story behind that? No child support?

#22 Rosiebird

Posted 14 November 2012 - 09:13 AM

QUOTE (libbylu @ 13/11/2012, 09:55 PM) <{POST_SNAPBACK}>
You would think the doctor would be more astute.
My friend recently had no idea she was pregnant as she has irregular periods and it just didn't occur to her.   She had been having terrible headaches and though she was dying of a brain tumour!  The doctor worked it out fairly quickly though, and she was 11 weeks along.


The doctor did a pregnancy test! It was negative. Unless your friend's GP did a pregnancy test that was negative and then retested days or weeks later, I can't see how the two situations are comparable.

#23 PrincessPeach

Posted 14 November 2012 - 09:23 AM

I'm still confused - with the HCG levels, which is what the HPT measure, I was told that those levels peak at around 10 weeks & then decrease again?

If so, then I would assume that if a HPT taken at 29 weeks shows up positive, then surely one of the 3 the dr did earlier would have come up positive as well?

Or have I got that all completely wrong & the HCG levels increase constantly until birth...

#24 Guest_zeus359_*

Posted 14 November 2012 - 09:39 AM

Doctors only have to investigate the presenting complaint don't they?  It seems kind of like going in to the doctor's with a broken arm, and then suing because they later did not diagnose your pregnancy.

#25 it'stime

Posted 14 November 2012 - 09:50 AM

This sounds very much like  a Jodie Picoult novel.





1 user(s) are reading this topic

0 members, 1 guests, 0 anonymous users

 

Win a Mountain Buggy Swift

To celebrate Essential Baby reaching half a million Facebook fans, we have a Mountain Buggy Swift to giveaway to a lucky fan.

Shopping with kids: breaking the pester-power cycle

You're out shopping with your little one and they're incessantly whining that they want a treat. It's easy to say no ... the first time, at least.

eBay jacket may hold clue to murdered girl's identity

A jacket similar to the one found with the remains of a brutally murdered little girl in South Australia has been identified on eBay.

New mum forced back to work early due to paid parental leave 'technicality'

Shelley Parker had to keep driving buses until the date her baby was due and will have to rush back to work at the end of this week after being denied paid parental leave on a "technicality".

Pregnant Amanda Palmer poses naked for book drive

It has to be the most original way ever of promoting a children's book donation day.

The conception dilemma facing many parents today

Some parents who conceived through a sperm donor will be wary of telling the child, while others prefer to deal with it early on. But recent research suggests it makes little difference either way.

The wedding photo the bridesmaid would rather forget

We've probably all seen a passed-out bridesmaid at one wedding or another, but it usually happens towards the end of the night.

Pregnant TV meteorologist takes on haters

Pregnant TV meteorologist Katie Fehlinger has hit back at haters who called her a "sausage in casing".

Honest words from first-time mums

I didn't want to say anything negative to my pregnant friend, but I wish I'd been more honest.

Adorable baby experiences rain for the first time, couldn't be happier

Harper had seen rain from the comfort of indoors before, but had never had the pleasure of being outside and experiencing it first hand.

What it's really like to start a family in your fifties

Many people suppose that it must be much more tiring to have a baby in middle age, but all the mothers in the playground look exhausted, whatever their age.

'Biggest hypocrite ever': Josh Duggar admits to Ashley Madison account

An American reality TV star has been busted with a cheating website account, according to US media.

Long recovery ahead for girl hit by car weeks after baby brother's death

A little girl is more alert and starting to talk after being hit by a car a week ago, but still faces a long recovery.

How to react when a toddler lies

Q: My almost-3-year-old is starting to figure out that he can lie when asked if he ripped the book, threw the food, hit his brother, etc. Totally normal, I know. How do we respond?

The circular experience of a Centrelink client

A mum-to-be experiences the frustration of dealing with Centrelink, myGov and everything in between.

Kelly Clarkson announces live on stage: 'I'm pregnant!'

Singer Kelly Clarkson has announced she is pregnant with her second child during a concert in Los Angeles.

Hack

How to search the leaked Ashley Madison data

At least three sites are republishing Ashley Madison's user data on the public-facing internet.

Mum dances her way through labour

There are a fair few ways to distract yourself and beat pains while in labour, but it's probably a rare woman who chooses her dance her way through it.

'Rest in peace, my little lion': premmie baby Jacob passes away

Baby Jacob, whose photo of him born at just 27 weeks was deemed 'too graphic' for a fundraising site, has died.

Mum killed three young sons 'to help her daughter', prosecutor says

Niall Pilkington's death last summer apparently raised little alarm in Bellefontaine, Ohio. Tragic accidents happen, after all.

Shorter women have shorter pregnancies: study

When a group of researchers studied nearly 3500 mothers and their babies, they noticed a curious pattern.

Get your FREE Baby & Toddler Show ticket!

Get your free ticket to the Sydney Essential Baby & Toddler Show for September 25-27 - register online now.

 
Advertisement
 
Advertisement
 
 
 

What's hot on EB

The worst 20 minutes of my life

Thirty seconds was all it took to turn a shopping trip into my worst nightmare.

Top baby names for England and Wales in 2014

George has overtaken William in the official rankings of most popular British baby names - and Game of Thrones is still having an impact on parents.

Baseball or baby? Dad's tough choice

What's more important, a baby or a baseball? That's a question this dad seems to struggle with.

Childbirth choices: five star or free?

It's not often you hear the words labour and luxury in the same sentence but for some, a 5-star start to parenthood is exactly what they seek. And with a number of private hospitals now offering packages which include a post-birth stay at a sumptuous first class resort, many mums are choosing to recover in style.

'Where did your boobies go, Mummy?' and other soul-destroying comments from kids

Most women carry a smidge of baby weight after giving birth. If you're lucky enough to have an older child in the house, they can keep you on track with your weight loss goals.

Do you read me, baby?

Is it too soon to be reading to my two-month-old son? If not, what should I read?

Minimising sibling rivalry when you've got a baby

Sibling rivalry is an act of competition, but if your children feel involved and special, this type of jealousy will be minimised.

Will studying on maternity leave take you away from your most important job?

I remember when I was trying to decide if I could combine motherhood and furthering my university education.

Win a Pacapod this Father's Day

To celebrate dads and families, we are giving away a Picos Pack from Pacapod Australia filled with a few extra goodies ENTER NOW

Preschooler hit by car shortly after baby brother's death

A mother has had a frantic race to the hospital after her daughter was hit by a car, just four weeks after her infant son died.

Gay couple and Thai surrogate in custody tug-of-war

A six-month-old baby girl is trapped in the Thai capital in a bitter custody wrangle between her Thai surrogate mother and her biological father.

Couple denied IVF over parenting concerns

A mother of six has been denied access to IVF treatment in order to have another child over concerns about her parenting skills.

The book that promises to put your children to sleep

Exhausted parents from around the world are singing the praises of a "miracle" book which promises to put even the most restless child to sleep in just minutes.

5 things every parent who feels guilty needs to know

Parenthood can make you feel bad, but you're not alone.

Royals criticise 'dangerous' attempts to photograph Prince George

The British royal family criticized paparazzi on Friday for what it called their increasingly dangerous attempts to photograph young Prince George.

'No jab, no play' rule to cover Victorian kindergartens and childcare centres

"Anti-vaxxers" face not being able to send their children to childcare centres or kindergarten if they refuse to have them immunised.

15,000 birthing kits on their way to developing countries

Giving birth in a hospital surrounded by medical experts is tough enough, but some women deliver babies without a clean sheet to lie on.

Photo of premmie 'too graphic', fundraising site says

When their son Jacob was born at just 27 weeks, Christina and Jeff Hinks were thrown into an uncertain world.

The latest Bugaboo collections: cool chevron and runner prams

Bugaboo sure likes to keep things fresh, and with the Australian spring/summer season coming up, there are two new Bugaboo pram releases.

Making room for two in the bed

Mum's room or their own room? Cot or bassinets? Deciding where twins will sleep can be tricky.

 

FREE TICKET

See Hi-5 LIVE in Sydney!

Get your free ticket to The Essential Baby & Toddler Show and save $20 - register online now!

 
Advertisement
 
 
Essential Baby and Essential Kids is the place to find parenting information and parenting support relating to conception, pregnancy, birth, babies, toddlers, kids, maternity, family budgeting, family travel, nutrition and wellbeing, family entertainment, kids entertainment, tips for the family home, child-friendly recipes and parenting. Try our pregnancy due date calculator to determine your due date, or our ovulation calculator to predict ovulation and your fertile period. Our pregnancy week by week guide shows your baby's stages of development. Access our very active mum's discussion groups in the Essential Baby forums or the Essential Kids forums to talk to mums about conception, pregnancy, birth, babies, toddlers, kids and parenting lifestyle. Essential Baby also offers a baby names database of more than 22,000 baby names, popular baby names, boys' names, girls' names and baby names advice in our baby names forum. Essential Kids features a range of free printable worksheets for kids from preschool years through to primary school years. For the latest baby clothes, maternity clothes, maternity accessories, toddler products, kids toys and kids clothing, breastfeeding and other parenting resources, check out Essential Baby and Essential Kids.