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Do I have a medical malpractice / negligence / fraud case?

Chicago, IL |

I went to the doctor's office to have my old Implanon birth control device replaced with a new one. She did the procedure and told me that all is good. Recently I found out that I was pregnant. I went back to her to have the birth control device removed. To everyone's suprise the device was not there! It appears the device never left the needle at the time of insertion. There was an unrecognized failure by her to insert the device correctly. Can the doctor who was inserting the device be held accountable for negligence, inadequate verfication, fraud...etc? Thanks in advance!

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Attorney answers 5


There certainly can be liability in a case like yours.
You really need to hire a malpractice lawyer immediately.
Use the AVVO Find A Lawyer link.


Sorry to hear about your situation. Every potential malpractice case has particular facts that need to be answered. Your case is no exception.

Many attorneys will speak with you at no cost to determine whether you have a case worth looking into. Most of these attorneys will take your case at no cost to you.

Feel free to contact my firm to discuss your case. As well there are plenty of attorneys on AVVO who would be happy to explore your options with you.

Florek & Morgan


This may or may not be malpractice.

The problem well may be that the "damages" are not likely to result in a verdict. In short, juries are very unsympathetic to people who become pregnant. Many are unable to and many have had children and they just don't see the "harm" in this occurring.

The only way to determine if malpractice occurred is to have your records reviewed by an expert in that field, and this is costly. Call a medical negligence lawyer to see what the thoughts are in this regard. I would be happy to talk to you about this.

Stephen L. Hoffman
Law Office of Stephen L. Hoffman LLC
Chicago, IL

Sorry it happened.

This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client relationship created or formed and you should not rely on this as legal advice. The suggestion is made that if you wish to protect your rights, you consult with an attorney immediately.


I do not know about Illinois. but the states in which I practice forbid a medical malpractice lawsuit where the primary damage or "injury" is the birth of an unforeseen, unplanned baby. Essentially, this is the issue in your case if I understand it correctly. Certainly babies are enormously expensive and I understand the financial impact, so there is no doubt of the legitimacy of the "damage model" in that sense. But you need to be sure your state's laws even permit this type of claim. Consult with a local attorney to find out.


Most states don't recognize wrongful life cases, but your state does. Retain a local med mal lawyer.

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