Richland, WA asked in Family Law, Health Care Law and Medical Malpractice for Oregon

Q: Can i sue for malpractice if the contraceptive we used was administered wrong or failed? the Nexplanon was inserted wro

the Nexplanon was inserted wrong and she has to have it removed surgically later this month and now she is pregnant or potentially the Nexplanon failed itself we are not certain. The other part of this that makes it so much harder is we are very social people and consume alcohol regularly so my wife is convinced the baby has been affected since she is 6 weeks pregnant she is in terrible emotional pain right now. I'm so angry at the person who administered this wrong or the institution who didn't train them I'm trying not to freak out. I'm short on funds since i am young and fear trying to sue might come back to haunt us financially so i ask myself is this even worth the risk. I cant afford therapy for her and I come from a Christian family so I cant to any of them about this subject because of the tough choice ahead us. Please help we are so lost and scared.

1 Lawyer Answer
Virgil Royer
Virgil Royer
  • Salem, OR
  • Licensed in Oregon

A: You are asking the right questions as you process this. Don't lose sleep about yesterday. The stress and anixiety is certainly high, as this is in the top tier of stressful events. Suing a doctor/hospital is a very difficult but often a necessary decision to make. You need to be certain about all the things are you dealing with. "Is she pregnant" is on the top of the list. You need to know if the product failed and/or if the people entrusted to implant the product failed. If it was performed in a governmental hospital and/or facility, you may need to file a tort claim notice within 180 days of finding out about a potential claim, otherwise, you likely have a two year statute of limitation on a negligence claim. You need to see a lawyer right away if you would like to sue to protect your right to sue and to ensure that you are able to collect and/or preserve the relevant evidence needed to pursue a claim. It would be very difficult to determine if you have a solid case from the facts you provided, however, generally, if the product was defective or there was inadquate notice provided--or, they installed the product wrong (and it was below the standard of care), then you likely have a claim for product's liability, malpractice (professional negligence) and/or general negligence. As far as the emotional part. You will make it, just be strong for your family and wife. In five years from you, you will look back and be glad that you made the right choice(s) that might seem impossible to you at this time. When you say you can't tell your family? I am thinking that is what you were suggesting, because you come from a Christian Family. I think you realize how that might sound. They might just surprise you--not judge you. This was just meant to provide some general guidance but not form an attorney-client relationship. It is highly recommended that you retain an attorney should you decide to move forward in this matter. Therefore, the above-referenced is not intended to be legal advice and/or opinion to be relied upon since I am not fully aware of all the facts needed to render advice and/or an opinion in your case.

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