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Ben Glass
Ben Glass
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Q & A – Can a Pregnant Woman File Suit?

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Q. A pregnant woman became concerned that her fetus was not moving and left several messages for her vacationing obstetrician. Because the woman’s calls were not answered, she eventually decided to personally go to the doctor’s office. If the baby was injured, would she be able to file suit?

A. In order for her suit to be successful, she would be required to prove that under the same circumstances, the average qualified physician would have handled the situation in a different manner, like having someone return her calls more promptly, preventing the injuries to the baby. Unlike criminal cases in which it is necessary for the prosecution to prove guilty “beyond a reasonable doubt,” in a civil suit, a person is only required to prove that the actions the defendant took were more likely than not to be the cause.