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Is documenting a gynecological surgery that never happened thus possibly contributing to miscarriages be considered negligent?

Rockford, IL |

I am an infertility patient who recently found a mistake in my medical records. I found a pathology report that noted there was polyp tissue in my endometrial biopsy. My medical records then state that I was cleared to go forward with IVF because I had a D&C and polypectomy. The problem is - I was never informed of the polyp and thus never had the D&C/polypectomy to remove it. It wasn’t until after 2 IVFs and 2 miscarriages that the polyp was “discovered,” and the only reason it was discovered is that I had a gut feeling that we must be missing something and asked for a hysterosonogram. At the time of the HSG my doctor said something along the line of “well, there's your problem." As it turns out, those were my only 2 pregnancies. Is this error by my doctor a case for medical negligence?

To answer Attorney Lassen's question, the records I have came directly from the above mentioned doctor. He is the doctor who noted the polyp, he noted the surgery to remove it and he is also the IVF doctor.

Attorney Answers 2


It's hard to determine based upon these facts. Did your IVF doctor have these records? The best thing to do is get a free consultation with a local med mal doctor who can go through all the facts and circumstances.

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You still need to have a detailed review of the records. Experienced medical malpractice attorneys can not right away give a yes or no "is this malpractice" answer based on an online summary posting.

The short summary answer is that the medical malpractice law comes right out and states that medical malpractice requires more than simply an unfortunate medical result. Professional medical liability is based on proof that the care that was given fell below the average standard of care, and that damages resulted as a result of that substandard care.

A determination is more a medical decision than a legal determination and malpractice attorneys work with medical experts to screen the facts and records in any given case prior to determining if any case merits going forward.

If you believe that there may be a case, please make an appointment with an experienced medical malpractice attorney in your jurisdiction for a confidential and no cost initial consultation.

I truly wish you the best.

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This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. Laws vary widely from state to state. You should rely only on the advice given to you during a personal consultation by a local attorney who is thoroughly familiar with state laws and the area of practice in which your concern lies. In the event that you have follow up questions, please post them directly on this site. This does not create an attorney-client relationship and the attorney does not read unsolicited emails. Thank You.

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