The journey to becoming a parent can be challenging for some people, and couples that face difficulty conceiving will often seek medical intervention. Many people who cannot conceive are suffering from infertility, but with a prompt diagnosis, they can seek appropriate medical interventions and explore various fertility treatment options. If an infertility diagnosis is missed or delayed, however, it can cause significant financial, emotional, and mental harm and may permanently impair a couple's chance of becoming parents. If you were harmed by your physician’s failure to diagnose infertility, it is prudent to meet with an attorney to evaluate your options for seeking damages. The seasoned Baltimore medical malpractice lawyers of Arfaa Law Group understand what it takes to prevail in claims against careless physicians, and if you engage our services, we will set forth compelling arguments on your behalf.
Damages Arising out of the Failure To Diagnose InfertilityInfertility is a medical condition characterized by the inability to conceive after trying for a year or more without the use of contraception. It can affect both men and women. Infertility can be caused by various factors, including hormonal imbalances, structural abnormalities, reproductive organ dysfunction, genetic disorders, or lifestyle factors.
Diagnosing infertility typically involves a comprehensive evaluation of both partners. The process begins with a detailed medical history and physical examination to identify any potential underlying causes. For women, diagnostic tests may include assessing ovulation through blood tests, evaluating the condition of the uterus and fallopian tubes using imaging techniques like ultrasound or hysterosalpingography, and examining hormone levels. For men, semen analysis is a common diagnostic test that assesses the quality and quantity of sperm.
A doctor’s failure to diagnose infertility can have devastating consequences. First, it can lead to emotional and psychological distress for individuals and couples who are unable to conceive. Additionally, untreated infertility can delay or hinder the identification of underlying medical conditions that may be contributing to infertility. For instance, certain hormonal imbalances or reproductive organ abnormalities may have implications beyond fertility and could require medical attention or treatment. Moreover, untreated infertility may result in missed opportunities for alternative family-building options, such as adoption or assisted reproductive technologies, which could provide viable paths to parenthood.
Pursuing Damages Following a Doctor’s Failure To Diagnose InfertilityEarly diagnosis and intervention for infertility are crucial to address potential underlying causes and explore appropriate treatment options. As such, when a doctor fails to diagnose infertility, it can significantly impact the patient's prospects of having a child and often leads to mental and emotional injuries as well. Consequently, people harmed by such failures will often seek compensation by filing medical malpractice claims. In most instances, a plaintiff in a medical malpractice case will set forth a negligence claim against the defendant.
Under Maryland law, to establish medical negligence, the plaintiff must demonstrate that the defendant owed them a duty. Typically, the duty owed is to adhere to the relevant standard of care. This standard refers to the level of care that a competent professional in the same field would provide in a similar situation. Subsequently, the plaintiff needs to prove that the doctor's actions or omissions demonstrate a breach of the duty owed.
Unless it would be clear to a layperson that the defendant committed malpractice, the plaintiff will likely need to engage a medical expert to explain the applicable standard of care and how the defendant failed to meet it to the judge or jury. Next, the plaintiff must establish a causal link between the doctor's breach and the actual losses suffered. In other words, they must demonstrate that the harm they experienced would not have occurred without the defendant’s breach. Proving causation often necessitates expert testimony as well.
If the plaintiff successfully proves the defendant's liability, they may receive compensation for medical expenses, lost wages, and other quantifiable damages. Additionally, they may be awarded damages for intangible losses like pain, suffering, and emotional distress.
Contact an Experienced Baltimore AttorneyThe inability to conceive a child can be devastating, but many of the issues that cause infertility can be treated if they are promptly and accurately diagnosed. If a doctor’s failure to diagnose infertility caused you to suffer losses, it is in your best interest to talk to an attorney about your right to seek compensation. The experienced Baltimore lawyers of Arfaa Law Group are adept at handling complex medical malpractice cases, and if you hire us, we will fight to help you seek the best outcome possible under the facts of your case. We have an office in Baltimore, where we regularly represent people in malpractice lawsuits in Baltimore. You can contact us via our online form by calling us at (410) 889-1850 or to schedule a confidential conference.