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Mirena Iud

Been the victim of Legal Malpractice? Discuss it here.

Mirena Iud

Postby Gonzalo » Thu Dec 25, 2014 6:21 am

I am a 46 year old, and have had 4 children by c-section. I had my tubes tied during the 4th c-section.  I've had heavy bleeding the past few years, so the Dr. suggested I try a Mirena IUD to lighten up the periods, and possible stop them. He did a scraping of the uterus to test for cancer, and it came back negative. A couple weeks later, we scheduled for the IUD insertion.  I have a tipped back uterus.  During the insertion, it was very painful, and he was having difficulty. During the process I told him he could stop, if he couldn't get it.  He said "no, I think I can get it, there is just a ledge or something that is in the way."(It was probably all of the scar tissue I probably have). He got it in, finally. We scheduled an ultrasound 3 days later to make sure its in the right spot, and to check on an ovarian cyst I have.  The morning of the ultrasound, I was in a lot of pain for 3 hours before the ultrasound, and during it. The doctor calls me the next day and says "We've discovered a mass behind your uterus, we don't know what it is, and we've never seen anything like this before".  Long story short, I ended up having a CT Scan, MRI, and more ultrasounds to determine what it was, and to see if it was shrinking. It started out at 100cc volume in size. Radiologists finally determined it was a blood mass.  A second gynecologist has agreed with me that he probably punctured my uterus with the tool they use to insert the IUD, causing me to bleed. I would like to sue the doctor for the costs of all the extra tests I had to do, which my insurance did not pay 100% of, and for my pain and worry(thinking it could be a cancer tumor, or some other tumor).  What do you think?

ANSWER: Coincidentally, I was something of an expert in IUD cases many years ago when I handled hundreds of Dalkon Shield cases. First thing that strikes me is here, I have never heard of inserting an IUD to control bleeding. You do a D&C for that. Or, a partial hysterectomy.  An IUD causes all sorts of risks and probably wouldn't work for your problem, based on the fact I have never heard of it before.  Although I may be wrong about this, doing the IUD was the first act of negligence in my opinion.  Totally inappropriate.  Wondering if he did not have some ulterior motive, other than the patient's best interests.  IUDs are also known to perforate the uterus, soon or long after insertion. Since he had difficulty and did not understand the architecture of your uterus, he probably should have stopped the process and may very well have pushed it through during the process.

However, notwithstanding this, there is no medical malpractice case here. The problem is damages.  A few thousand dollars in damages in no way can support an mp case. It would take a few thousand just to pay a medical expert to review your history and be willing to testify as to the doctor's negligence. Your lawyer must work on a percentage basis so let's say your damages are worth $15,000.00.  The lawyer would have to put up probably 5K from his own pocket and then get a fee of $3,300 from the remaining 10K and in the process, spend much time and effort on the case. Not even close to being a viable case. Hope this helps. P.S. Nothing wrong with ask the doctor to do something about your out of pocket costs since the perforation obviously occured during insertion and he should have either "sounded" the uterus first to learn about that "ledge" or stopped when insertion got difficult.  Also, his advice to have the IUD was inappropriate from the git go, again, just in my opinion.

---------- FOLLOW-UP ----------

Thank you for your answer, and for your time.

There are other health sites on the Internet and other gynecologists I've seen in the past 2-3 years, that did suggest the IUD as a possible help for the heavy bleeding. I thought it would be a less evasive procedure than getting a hysterectomy, or burning the uterus lining at my young age, so that is why I agreed to get it.  I've had it since Oct. '08, and it has definitely decreased my bleeding tremendously, now I only spot during the month.  I will make copies of all my bills and send them to the doctor with a letter, and not bother with a lawyer.  Are there any good form letters available that I can send the doctor, informing him that he made a mistake and his malpractice insurance should pay my medical bills?
Posts: 46
Joined: Mon Jan 13, 2014 7:11 pm

Mirena Iud

Postby Chatham » Fri Dec 26, 2014 10:19 am

His malpractice coverage won't pay anything because firstly, he probably has a 5K deductible and also, they don't pay unless there is evidence of negligence and they are not going to agree there was any unless you have an expert saying so and they want to avoid a lawsuit which they know you won't be filing for the reasons previously stated. At best, you can put your hopes on the good graces of the doctor and ASK him if you couldn't have some influence getting your costs reduced. He may not want to touch that because it might be construed as an admission that he did something wrong.  Again, uterine perforation is all too common. He will say he did it properly and there was no way to know what was about to happen. Sorry. Consider, if you get out of this with nothing more than some extra bills, you are doing better than most.  That is, provided you don't need surgery to remove the IUD. You didn't say what happened to it. Is it in the uterus or outside. If still in place in the uterus, then there is definitely no case. Blood could have come from elsewhere I suppose.
Posts: 44
Joined: Wed Jan 22, 2014 7:30 pm

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