Miami, FL asked in Medical Malpractice for Florida

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 ?

Related Topics:
1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • Medical Malpractice Lawyer
  • Little Neck, NY

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

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.