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Due I have a Malpractice lawsuit? I was left sterile by a misdiagnoses. I was told I was having an ectopic pregnancy.

San Pedro, CA |

I was 7 wks preg and pretty certain I was having a miscarriage, but when I got to the hospital no one did a vag exam they did an Ultrasound and said its confirmed your having a tubal pregnancy you need surg asap I was informed of the risks of surgery BUT NEVER consented to removing my fallopian tube anyway the surgeon went in saw it was NOT an ectopic/tubal and CUT OUT my fallopian tube ANYWAY with out my consent, Now I am left unable to have anymore children. My question is why didn't they have a radiologist review this to confirm this mistake and why didn't the surgeon stop the surg when she new it was only a cyst the U/s tech saw? she could have ref to a GYN dr but now........ I am devistated also I ended up having a vaginal miscarry 8 days later at work. Shameful!

This happened a couple of weeks ago and I do have ALL my medical records. I am looking for counsel now. Thank you for your help I work for a dr who upon seeing my records told me to get a GOOD lawyer this is a case.

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Attorney answers 3


In order to determine if you have a medical malpractice claim, you would need to obtain all your records and have them reviewed by an OB/GYN to determine if there was a "breach of the standard of care". Unlike other types of personal injury claims, there is only a ONE YEAR statute of limitations on medical malpractice claims in California and there is a requirement to provide a "Notice of Intent to Sue" prior to filing a lawsuit so, it is important to have the records review and consult with a medical malpractice attorney ASAP.

Nothing in this communication should be construed as creating an attorney client relationship. This is for informational purposes only. Attorney will take no action on your behalf unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery.


First, you have 2 fallopian tubes. Usually the ectopic/non-viable gestation is stuck on one of those 2 tubes. So they surgically remove only the affected tube, leaving behind the other. You may want to double check with your physician. You may very well have the remaining tube and eggs can still be delivered.

Also, keep in mind that the tube that was surgically removed needed to be removed or the growing gestation would rupture it. That could be life-threatening to you. So it is not reasonable that you would decline the surgery to remove the affected tube.

Sometimes...and I emphasize "sometimes"...a drug called Methotrexate can be used in an "off-label" manner flush an ectopic gestation from a tube without the need for surgery. It can only be done very early in the gestation. I don't know for sure as my memory isn't perfect, but I believe that 7 weeks is too long. It would have grown too large. But you might inquire into that to see whether a non-surgical option existed. If it did, you may want to visit with a local medical negligence lawyer. REMEMBER -- your California statute of limitations is just 1 year. Don't delay!


The prior responses are correct. I can reiw the case with an OBGYN, for merit and possible law suit.

Ajay Kwatra
(858) 539-1820

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