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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 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.


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