I was in a serious car accident and was taken to the hospital for observation. My husband took me to the ER. When I was taken to a room, the ER nurse gave me a small cup and asked me for a urine sample. I gave the urine sample and placed the cup on the table in the room I was in. A while later, another nurse took me to have neck x-rays and a CT scan. When I returned to the room, the urine sample was still on the table. I asked my husband, if anyone asked about the urine sample to be tested. He said that no one had came for the sample. At that point, I didnt think anything of it. I was released that same night with no serious injuries. Two days later, I was not feeling that good. I decided to take a pregnancy test just as a precaution. The test was positive. I was about 5 weeks pregnant at the time. A few days later I made an appointment with my doctor who confirmed my pregnancy. I feel that the hospital was negligent and should have tested the urine sample before giving me the x-rays and CT scan. I have a history of miscarriages and I was afraid that this could have affected my pregnancy. Is there anything that I should do in this situation? I want the hospital to know that procedure was not followed. There was "negligence by omission."

In order to prove a medical malpractice case you need to show

1. a breach of the standard of care
2. definite damages
3. a firm link (proximate cause) between the two.

In other words, medical malpractice does not occur just because something bad could have happened due to negligence.  You must prove something did happen due to negligence.

Here is an article on proximate cause in Virginia.

Here is a video that talks about medical malpractice in Virginia.