is there a ground for a lawsuit?

Question

i am about 6 months pregnant and we didnt want to know the sex of the child we r having. so we told the doctor about this and the sonography technician. both of them were pretty cautious about this. now we r thinking about changing doctor becoz of some incidence with the hospital we were planning delivery, so we asked doctor to send us the papers related to my pregnancy. when she send us the papers they didnt make sure that they didnt reveal this to us by the way of the records. now my husband know the sex of the baby. but at the same time we r so angry and want some help from someone regarding this. so after hearing my story plz let me know if i have a case against the ob/gyn or not? ur help is appreciated. thanx.

BabyHardiman · Answer

They could be wrong about the sex anyway.  My SIL and sister BOTH had sonograms saying "girls" and both of their turned out to be BOYS.

I wouldn't focus on the sex right at this moment.  Just go about day to day life like you don't "really" know, because you don't.  Be thankful for that healthy little baby inside of you ... three months down the road you will not want to be wrapped up in a lawsuit.  Besides, like a few have already told you, you asked for the records and they have to supply ALL info to you!

JoyRenee · Answer

LOL GA! If I could sue anyone and everyone for each little infraction I'd be RICH!!!

loismwallace · Answer

I know...When I had my last child the sonographer didn't give us time to answer when he asked if we wanted to know the sex. He just blurted it out that it was a boy. My husband wanted to wait, and I was undecided. It wasn't life threating nor did it put my family in distress. In order to file suit there has to be mental or physical damages. If something like this caused mental damages, then it should be a Dr you seek and not a Lawyer.

NicMom · Answer

I'd just blame it on your pregnancy hormones. A few months from now you won't even care about this anymore. Look at the bright side you're having a baby while most of us are desperately trying still.

loismwallace · Answer

LOL............yeah this is just what we need to tie up our court system even more.......You asked for your records and everything in them. By LAW they have to provide you with that and that's what they did. Sorry! No case....

Shannon125 · Answer

I completely agree with LosingMyMind! I think this has to be one of the silliest posts I have ever read. There is absolutely NO grounds for a lawsuit because they have done NOTHING wrong. I can't believe at 6 months pregnant someone is actually considered something so ridiculous instead of enjoying every minute of their pregnancy and being happy that they have a healthy baby boy or girl on the way. It's a shame when someone has been blessed with the oppurtunity to be a mother and tries to scam off of it. Just like rachie said, I know she would give anything to be pregnant and cherish every moment of it.

ziggysgrl0724 · Answer

"able....not bake, thats wierd, lol..sorry fixing my typo

brookie12 · Answer

The same thing happened to my friend...the doc was going over results and told her what xx means...I'm sorry you found out this way.  Unfortunately there is nothing you could do.

ziggysgrl0724 · Answer

I completely agree with you....to the OP, I am sorry that things have turned out to not be the way you wanted, but as others have said..when you request records, you get the whole record.  I dont think a lawsuit would solve anything, except make you looks bad, possible make the dr, look bad.......dr.'s are already afraid to make any moves because people are so quick to file a lawsuit these days, next thing you know, no pregnant woman will be bake to find out the sex of their baby if this actually went somewhere.......I echo what rachie said and just be happy your baby is healthy

LosingMyMindInGA · Answer

Another thing to consider is that it's NOT the doctor or ultrasound tech who actually gets you the copies.  Chances are the person who received your request and processed it had NO idea.  But AGAIN as I said before LEGALLY they CAN NOT leave out or mark out ANY information in your record UNLESS you specifically ask for only certain parts.  If you requested a copy of ALL records, that is what you got...the good, the bad, the ugly and even what you didn't want to know. 

AND you didn't want to know the sex yet you read the records, you should have realized that there would be something in there pertaining to that.  I think you're grasping at straws here...get over it and enjoy your pregnancy.  To me this ranks up there with the woman who sued mcdonalds becuase the coffee was hot.  DUH!!!!

luvmybabes · Answer

I think that really it would be silly to have a lawsuit over it. Yeah I would be a little bit mad but you said they were very cautious about it during your scan. Think about how many patients they have when you asked for the records they gave you the records they probably weren't thinking " oh yeah that was the lady who didn't want to know the sex of the baby" they are busy with lots of patients. And aren't you a little bit excited knowing the sex of your baby to kinda put aside your anger? I personally think that it's better to know the sex before the baby before it comes...it helps me  to bond with the baby before it's even born. With my daughter we all knew her sex and Name by the time I was 5 months I would talk to her and call her by her name so when she came out it was like she was instantly a part of the family. The birth is an amazing experience..... Your going to be blown away by how much emotion you'll feel...Half the time parents totally forget to ask if its a boy or girl at first....because they are just in aww of how beautiful and perfect their baby is. I think once you let your steam blow off you'll realize your being a little silly.

rachie204 · Answer

this question would probably be better answered on a legal forum not a pregnancy one.  Don't focus on everything being perfect just be grateful you have been blessed with a healthy pregnancy...many of us here would do anything for that chance...good luck with the rest of your pregnancy

LosingMyMindInGA · Answer

Legally, when you request your records they CAN NOT block out or leave out any information.  If They HAD you could have sued them.  What they did is legally what they were supposed to do.  You have no grounds for a suit and honestly I think it would frivolous if you attempted one.

kazwel · Answer

I'm sorry but no, you really dont.  When you requested your records you requested all of the information.  Unfortunatly, the information they had also included the sex of your baby.
I'm sorry because i would be mad too, But...  you did request the papers.

Did you specificly request that the sex of the baby not be included? Because if you did than you may have grounds for a complaint to the medical board.

I'm sorry for what you are going through,

JoyRenee · Answer

Honestly I have no clue. I think you're going to have more grief, heartache, and money spent with a lawsuit than it is worth. Hopefully someone here has more insight into how the law works but my opinion is probably that you do not have a lawsuit. You asked for your medical records and included in those records were the gender prediction of your unborn baby. Your doctor probably doesn't remember who does and who doesn't want to know the sex of the baby and they can't omit pieces of your medical records.

Just a thought! I know you are angry and upset and wanted to be surprised, but in light of all that, at least you can make plans for a boy/girl (nursey plans, clothing, names, etc.).Just focus on the good in this situation---the baby, and forget the doc. I don't think it is worth your time or sanity.