Legal Question in Legal Malpractice in Missouri

Ihad a iud in for ayear and seven months. I got pregnant on it after 10 months. They tried taking it out and they broke the string off of it. It was in me the whole time I was pregnant, and causing me to have bad cramps the whole time i was pregnant. At the begining of my pregnancy they was able to see it on an ultrasound. At six months they wasn't able too see it they said. They said if it still in there it should come out when the baby does. Well my baby girl was born at 37 and five days. The iud didn't come out. At my six week checkup they saw it on the ultrasound. I went back to my doctor that put it in. He said it was at the back of my womb. He told me to put opening me up on the back burner. He told me he was going to give me ansthesia and open my cervix back up to get it out. He said if that didn't work he was going to do a laperoscopy. Well he tried that way and that didn't work either. So he had my husband sign some papers to open me up. The doctor found out that it was pierced in my bowels it took three stitches, and it perforated through my uterus.


Asked on 9/28/10, 12:00 pm

2 Answers from Attorneys

Michael Harvath Harvath Law Offices-INJURY case representation

Hi. I am a Missouri attorney that focuses my practice on injury cases and claims involving physician negligence and defective products. I am sorry to hear about everything that you have went through due to this issue.

You likely may have a claim to recover compensation for all of the medical expenses due to the surgery and procedures following the problem with the device, as well as compensation for pain and suffering, and additional damages for any on-going issues that you may still be dealing with. It appears that either the device was defective in some way, or else it was either improperly inserted or improperly removed. A few additional details would be needed to determine the likelihood of receiving compensation for your injuries. Also, remember that there are time limits on pursuing this, so I would not delay.

I can be reached by e-mail, for your convenience, at [email protected], or by phone as well.

NOTE: This answer is for educational purposes and does not constitute legal advice. The use of this site does not create an attorney-client relationship or privilege between the user and the attorney responding.

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Answered on 10/03/10, 10:21 pm
Michael Harvath Harvath Law Offices-INJURY case representation

Hi. I am the Missouri injury attorney that provided you with the initial answer to your question concerning the complications you had with the removal of the IUD.

I neglected to mention it in my original answer, but thought it would also be important for you to know that there were, in fact, recalls on a number of the IUD's that were being used around the time that you indicated you had yours implanted.

In regard to the devices that were actually subject to product recalls, there were issues with breakage upon removal, as appears to be the case in your situation. In some instances, funds have been set aside in order to compensate people who sustained injury or medical expenses as a result of the devices not functioning properly. There are specific brand names that were recalled and the type of device you had could be determined by having a professional review the records.

If this is the situation, compensation may be more readily available without the necessity of pursuing a cause of action against the medical providers. An attorney could determine what options you would have, but, ultimately, the decision of whom to pursue compensation from is your decision, and the attorney has an ethical obligation to abide by your decision in that regard.

I am hoping this may help some. I can be reached by e-mail, for convenience, at [email protected].

Our firm website address is: www.harvathmissouriillinoislawyers.com. Thank you.

NOTE: This answer is for educational purposes and does not constitute legal advice. The use of this site does not create an attorney-client relationship or privilege between the user and the attorney responding.

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Answered on 10/07/10, 8:40 pm


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