Anaheim, CA asked in Medical Malpractice and Personal Injury for California

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?

Thank you

2 Lawyer Answers
Joel Gary Selik
Joel Gary Selik
Answered
  • Medical Malpractice Lawyer
  • Las Vegas, NV
  • Licensed in California

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.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Sacramento, CA
  • Licensed in California

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.

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.