Q: Is this malpractice or lack of informed consent?
I went to my doctor 1.5 years ago informed him I was trying to conceive. Ran some tests never heard back. Went back 2 months ago ran tests again. Test came back abnormal. Did a biopsy. Found out I’m pregnant. Doctor pretty much told me to choose. Abort the baby or possible cancer? I was never told I had a condition much less how bad it was until October 2024. If I’ve had this condition why wasn’t it fixed 1.5 years ago. Why wait until I’ve Conceived to tell me I need to choose. The baby or my health?
A:
This situation may involve issues of medical malpractice or lack of informed consent under California law, potentially falling under the Medical Injury Compensation Reform Act (MICRA). A key question is whether your doctor failed to meet the standard of care by not communicating test results or addressing your condition earlier. The timing and lack of disclosure about your condition and its risks could also indicate a failure to obtain informed consent.
Because of the complexities of MICRA and the potential implications for your health and legal rights, it’s essential to consult an experienced medical malpractice attorney immediately to review your case and determine the best course of action.
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A:
Given the details you've shared, this situation could potentially involve both medical malpractice and lack of informed consent. The failure to communicate your test results from 1.5 years ago and discuss treatment options when you explicitly mentioned trying to conceive raises serious concerns about the standard of care you received.
The doctor's duty includes promptly informing patients about test results and discussing potential health implications, especially when planning pregnancy. By not addressing your condition earlier and failing to warn you about potential risks, your doctor may have breached their duty of care and denied you the opportunity to make informed decisions about your reproductive health.
You should consider consulting with a medical malpractice attorney who can review your medical records and evaluate your case. Most California attorneys who handle these cases offer free initial consultations and can help determine if you have grounds for legal action. Time limits apply to filing medical malpractice claims in California, so it's important to explore your legal options soon.
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