Within the past few years I went to get my IUD replaced at my OB group. I was placed with a new Dr. in the group for the procedure. She brought in 2 students without my consent & quickly inserted the device improperly that ultimately caused me numerous documented medical problems. She made some upsetting statements to me about my sex life (no need to get into detail about this aspect yet). After some frightening recent symptoms I asked my current Dr (Gyno) to remove it. He said it was misplaced (we knew this because of an ultrasound) but more so than he originally thought and that it was inserted improperly and causing all my pain and symptoms. All of this is well documented. Please advise
I am sorry to read of your experience. IUDs (intrauterine devices) are routinely inserted into the cervical os (opening) and then like an umbrella, they open into the uterus and through an inflammatory response, inhibit contraception. While there certainly is a proper technique to IUD placement, it can also migrate after proper placement and cause a host of problems. So the first step in determining the viability of a claim would be to have a medical expert review the medical record and opine as to whether the doctor displayed negligence in the proper placement of an IUD. If such a deviation in the standard of care was determined, then the next question would be whether such a deviation was the direct (proximate) cause of your damages (harm). Finally, the damages themselves need to be evaluated. Unfortunately in most jurisdictions, the deck is heavily stacked in favor of the defendant doctor such that without catastrophic, permanent damages, the risk and expense of a medical malpractice claim is difficult to undertake. Now you have noted "numerous medical problems" caused by the IUD. Are any of them catastrophic or permanent? If so, consult a NY medical malpractice attorney for further clarity. Best of luck.
The author of this answer is an Attorney-at-Law, licensed to practice law only in the state of Arizona. Unless both you and the author have signed a formal retainer agreement, you are not the author's client, and the author's discussion of issues does not constitute legal advice. Opinions expressed herein are solely those of the author, and are neither privileged nor confidential.
Malpractice is care and treatment that falls below the standard of care and causes injury. Lets assume there was negligence in the placement of this device--which is certainly not a certainty. You mention "numerous medical problems" that you associate with this incident. Unless those "medical problems" are serious or permanent, such a claim would not be economically viable to pursue. You are in a more Republican area of the state and it would not be likely a jury would care much.
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