Q: Do i have a Case ? Is this a Medical Malpractice ?
Several Months ago, i had an appointment with my doctor to remove an IUD (intrauterine device) and have it replaced with a new IUD since the old one was already over 5 years and it was time to change it. At the end of the appointment, i was told that it would be best to remove the old one and install the new one at the same time and since they would have to order the new one, we would have to reschedule. a couple of weeks later, i was told the new IUD has arrived and we book an appointment to have the procedure done. That went well.
After installing the new IUD, i started having pain during intercourse, constant headaches, lower back pains. After trying pain killers to calms those symptoms, i couldn't take it anymore and decided to remove the new IUD as these symptoms could be caused by the hormone from the IUD. made an appointment to remove it, and after the procedure, the doctor said he removed 2 IUD, they forgot to remove the first IUD before installing the new one. advise ?
A:
I'm sorry for your painful ordeal here. From the facts you present, failure to remove the first IUD appears to be breach of duty of care, which would ordinarily be a basis for a medical malpractice case (together with other legal elements that include causality and damages). If you are contemplating legal action, your first step could be to contact a Florida med mal attorney to discuss the matter in greater detail. Failure to remove the first IUD goes to the element of liability, or fault. An experienced attorney could request your file and review it with a medical professional to evaluate your procedure(s) in greater detail and try to make a determination as to injuries you sustained, which would go to the element of damages. As a first step, you could contact an attorney. With med mal cases in general, many law offices offer free initial consults. I hope you experience a healthy recovery. Good luck
Tim Akpinar
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