What are my rights if I got pregnant even though I had an IUD, and the IUD subsequently caused an infection which resulted in my losing the baby?

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What are my rights if I got pregnant even though I had an IUD, and the IUD subsequently caused an infection which resulted in my losing the baby?

I got pregnant with an IUD in place. I went into preterm labor due to an infection by the IUD.I need to know if there is someone at fault for the IUD dislodging, me getting pregnant, and then losing my child due to an infection the IUD caused. Should I speak with a malpractice attorney? I’m in Aurora, CO.

Asked on September 9, 2010 under Malpractice Law, Colorado

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am so sorry for your situation and your loss.  Yes, I would speak with an attorney that deals with medical issues in your area as soon as you can.  The consultation should be free and it will give you a good idea as to whether or not you have a case. There are certain risks associated with the IUD, which had to be properly explained in some way to you, in conjunction with your state law.  There also has to proven causation between the IUD and the infection (i.e., did it cause it) and the infection and the miscarriage.  And of course, injury and resulting damages.  Good luck with everything.


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