If I was permanently disfigured from my injection site when using Depo Preovera birth control shot, can I sue?

UPDATED: Nov 23, 2014

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If I was permanently disfigured from my injection site when using Depo Preovera birth control shot, can I sue?

My doctor confirmed it was indeed the shot’s fault.

Asked on November 23, 2014 under Personal Injury, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If the disfigurement came about because of an error the doctor made in how the shot was given, you could most likely sue the doctor. If the disfigurement came about due to a manufacturing error in the shot, or because of a known side effect they hid, you can likely sue the manufacturer. But if the doctor did everything right; the shot was manufactured properly; and nothing was hidden or concealed in terms of the risk of scarring, etc., but instead this was the sort of thing that occasionally happens with even the best-conducted medical procedure, there is most likely no liability. That is because there must be fault for liabilty--something done wrong--and also because the law accepts that medical procedures don't always work out the way expected, even when everything is done right.

Also, what is meant by "disfigurement"? If you are talking about small scarring or discoloration at the injection site, then since the amount of compensation you could receive is related to the extent of injury, then you might not be able to recover enough to justify the cost of a lawsuit (these kinds of cases are expensive to bring, since you need to hire a medical expert), especially if the disfigurement is an area normally covered by clothing, reducing its impact.

You should consult with a medical malpractice attorney (many provide free initial consultations), but be prepared that you might not have a viable case.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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