If I had a tubal ligation/iud removal about 7 months ago but the surgeon forgot to remove my IUD, do I have a case?

I had to go back to the doctor 3 months later to have it removed.

Asked on June 9, 2014 under Malpractice Law, Michigan


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

What you describe does sound like malpractice, or the provision of medical care which is unreasonably careless. However, assuming, as we hope, that you have suffered no lasting injury from this, then all you would be entitled to is your out-of-pocket or unreimbursed medical costs for the 2nd procedure (which would have been unnecessary had the doctor been careful the first time); it is not likely that this is worth the cost of a malpractice case, since for a malpractice case, you'd have to hire a medical expert witness, which can be very expensive.

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