AboutPaul D. Friedman, M.A., Ph.D., J.D. Expertise I have been a practicing civil trial attorney since 1989 dealing primarily with malpractice issues. I litigate very select medical malpractice cases on behalf of patients or their families. I am a Certified Civil Trial Specialist by the National Board of Trial Advocacy. I am also Certified in Injury and Wrongful Death by the Arizona State Bar Board of Legal Specialization.
In addition to my law degree, I received a Master of Arts in Bioethics and a Doctorate of Philosophy involving Medical Ethics. Because I am also an Adjunct Professor in Research and Medical Ethics at a medical school, I routinely consult with physicians and hospitals regarding medical ethics issues in an effort to improve patient care.
I can answer questions dealing with medical ethics principles. I can also respond to questions regarding potential malpractice issues.
Experience Experience in the area I have been a practicing trial attorney since 1989 and I have a masters degree in bioethics and a doctorate of philosophy regarding comparative ethics.
Organizations State Bar of Arizona
State Bar of Colorado (inactive)
District of Columbia Bar (inactive)
Federal Bar
Licensed in Arizona District Court
Licensed in Ninth Circuit Court of Appeals
licensed in the United States Supreme Court American Bar Association National Board of Trial Advocacy American Association for Justice Arizona Trial Lawyers Association American Society for Bioethics and Humanities Kennedy Institute of Ethics National Association of Realtors
Education/Credentials Bachelor of Arts 1985
Juris Doctorate 1989
Master of Arts in Bioethics 2004 Doctorate of Philosophy 2006
Awards and Honors Phi Beta Kappa
Multiple Who's Who
Publications A list of my copyrighted publications and presentations is contained at WWW.EXPERTETHICS.COM
Question I have been trying for a year to get an IUD put in. The first time I had a pap for one they misfiled my pap and called and said it was a malignant something but the nurse didn't know why it said that because the pap came back normal...so i informed her that the pap was supposed to be for an IUD and she said she didn't know why they did that and that she would see what was going on and have someone get back to me so I waited and a week later I called back to see what was going on and no one got back to me again so i tried to find out again and again and nothing so it came to a point where my pap expired and I had to go in for another so i went in did that and the nurse called and said everything was fine we could go ahead with the IUD and we figured out what kind i wanted she told me that within 2 weeks someone would call to set up the appointment for me and no one ever did. So again i tried calling and calling to set up the appointment i left messages and no one got back to me. I ended up going to the E room cause I was feeling ill that is when they informed me that I was pregnant. Now my husband and I have decided to terminate but the decision has been emotionally and financially straining on my family. My husband is a vet recovering from not only many physical injuries but PTSD as well. When he found out I was pregnant he had to go to mental health because he was so upset they put him on a valume of sorts and nearly put him in the psych ward but they sent him home and ordered him to stay home for 48 hours. I feel all of this trouble was preventable had they done their jobs in the first place. I don't know if this is medical malpractice but i do view it as negligence am I on to something here? I understand no advice can be given but anything you can tell me at all would be helpful. Thank you very much.
Answer Megan,
Some states allow for causes of action for "wrongful life" and some do not. Even if you live in a state that does not have a cause of action for "wrongful life", you and your husband still may have individual claims. You have a potential claim for medical malpractice. Your husband may or may not depending on the state laws because he was not the actual patient. However, he may have a cause of action for infliction of emotional distress.
It sounds like you were treated poorly and the clinic would have a hard time justifying their actions based on the facts you stated.
