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!
Sign up to receive a 3-part series of useful information and advice about personal injury law.