If I have had a surgery and a visit to the ER after being implanted twice with a contraception and no I suspect negligence, do I have a case?

The first time I was implanted, the contraceptive device went through my uterus and I had to have it surgically removed. The doctor assured me that it would be unlikely that I would suffer from any more complications if I were to have the device implanted again. So against my better judgment, I was implanted again. After approximately a year and half, I became preganant will the device was still implanted. Soon after, I suffered from a miscarriage.

Asked on June 13, 2012 under Malpractice Law, California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You need to speak to a medical malpractice attorney who has had significant experience with lawsuits concerning medical malpractice with contraceptive device implants. You shiould also consider speaking with advocacy programs or support groups. If any of these individuals sued and sued successfully, you may wish to obtain the names of those attorneys and obtain a consultation. The issue is going to be if pregnancy is possible with the type of implant and what the percentage is and also if miscarriage is possible as a side effect of the contraceptive.  Further, the same issue will need to be analyzed from a legal perspective regarding the uterus matter. If the implant can pierce in that manner and it was disclosed to you in any material given to you, then there may be less likelihood you would be able to successfully sue.


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