Frivolous Lawsuit: Pseudocyesis

In the ER, when you hear an incoming paramedic unit give report on the phone/radio and the paramedic is barely able to reframe from laughing—something is up. Patient arrives via ambulance with a complaint of being 7 ½ years pregnant. Our pregnancy test is negative. Her response is, “they’re always negative.” Have you seen your doctor(s) for this and have they found a pregnancy? “No, they don’t believe me.” What do you do then? “I sue them.”

Pelvic examination shows a non-parous os, without any secondary signs of pregnancy and no bleeding. Her response, “that’s because the baby is wrapped in plastic.” No pregnancy was found and patient was discharged with an impression of pseudocyesis. A month later, at a cost of $10, she files a lawsuit. Several months later, after many hours and thousands of dollars, the case is dismissed on a general demurrer.

Complaint:

Pseudocyesis 1

Jurisdiction:

Pseudocyesis 2

Proper Court:

Pseudocyesis 3

Plaintiff has suffered:

Pseudocyesis 4

Plaintiff prays:

Pseudocyesis 5

Additional:

Pseudocyesis 6

Cause of action:

Pseudocyesis 7

Court’s tentative ruling (subsequently granted):

Demurrer is sustained without leave to amend for failure to state a cause of action. No cause of action is stated based on the allegations that moving defendant is responsible for plaintiff’s “7 ½ year” pregnancy. Plaintiff has filed no opposition indicating that she can state a cause of action, but she has requested that this case be transferred to Judge ___. That request is denied as there is no basis for such request and there is no records in the court’s computer system or file that this matter was ever before Judge ___. Plaintiff’s request further states that she is now 8 ½ years pregnant, indicating that the defect of the complaint cannot be cured. Defendant to prepare a formal order and judgment of dismissal pursuant to CRC 391.

After the plaintiff’s dismissal, she attempted to sue the judge.

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7 Comments

  1. Posted 9.29.08 at 1601 PDT | Permalink

    You did a pelvic? I’m impressed (I think). I am not sure I would have…

  2. symtym
    Posted 9.29.08 at 1610 PDT | Permalink

    She warned me that I was going to be sued. If I’m getting invited to the dance, not going to miss any steps (standard of care, despite the illogic). Other reasons for doing a pelvic were to ruleout other pathologies that she was misconstruing as pregnancy: large fibroid, uterine/cx ca, prolapse, etc.

  3. Posted 10.2.08 at 1128 PDT | Permalink

    What utter BS.
    You so need to file a countersuit against her.
    Get her classified as a “vexatious litigant” by the court - then she can’t file another suit without court approval.
    http://en.wikipedia.org/wiki/Vexatious_litigation

  4. Posted 10.8.08 at 1117 PDT | Permalink

    WOW that is amazing… I have never seen such. Wow

  5. Posted 10.13.08 at 0559 PDT | Permalink

    Err.. uuhh. WOW.
    (slapping hand on forehead)

  6. cathy
    Posted 10.30.08 at 1721 PDT | Permalink

    Goodness, That’s about the most crazy things I’ve read yet. Speaking of crazy, in 8.5 yrs. no one has yet had her checked out in that area?

  7. Posted 12.21.08 at 0623 PST | Permalink

    5150?

    At least until the baby is delivered. :-)

5 Trackbacks

  1. [...] What sorts of things will people file medical lawsuits over, when it costs only $10 to do so? Well, there’s failure to take care of a complaint of being 7 1/2 years pregnant. “After the plaintiff’s dismissal, she attempted to sue the judge.” (SymTym, Sept. 29). [...]

  2. [...] post from SymTym on the perils of pseudocyesis and potential litigation nightmares in the emergency [...]

  3. By Pages tagged "frivolous" on 10.15.08 at 0203 PDT

    [...] bookmarks tagged frivolous Frivolous Lawsuit: Pseudocyesis saved by 4 others     mccarraa bookmarked on 10/15/08 | [...]

  4. By Diagnosing Crazy | moneduloides on 10.23.08 at 1228 PDT

    [...] fantastic’, is the first (sarcastic) phrase that comes to mind after reading this ’story o’ lawsuit’ against pseudonymous blogger, and emergency medicine doctor, [...]

  5. By VP-Medical News » Frivolous Lawsuit on 11.22.08 at 2014 PST

    [...] In surfing for something totally unrelated I ran across this hilarious lawsuit in which a woman who alleges she is 7 and 1/2 YEARS pregnant and files suit. You have to check it out. [...]

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