Q: Should we consider taking legal action against my wife's obstetrician?
We live in California. My wife gave birth a few weeks ago, and her doctor recommended an IUD, to which we agreed. However, a week or two after the IUD insertion, my wife experienced severe back pain, and it turned out that the IUD had migrated to her abdominal area. Now, she has to undergo another surgery to remove the IUD. My uncle is also an obstetric doctor, and he mentioned that a doctor should never recommend an IUD right after birth because the abdominal wall is very thin at this time. We feel like her doctor may have taken advantage of her situation during childbirth and received inappropriate medical care. Should we consider legal action?
A: Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did. Due to the nature of medical malpractice cases, the extent of your injuries may affect the viability of your case. Consult with experienced attorneys in the state where this occurred.
A: In California, if you believe that a medical professional has acted negligently resulting in harm, you may have grounds for a medical malpractice claim. Whether or not the doctor's recommendation and subsequent insertion of the IUD right after birth constitutes negligence would require a thorough review of the medical records and potentially expert testimony. I recommend consulting with an attorney experienced in medical malpractice to evaluate the specifics of your situation and guide you on the best course of action.
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