Accidentally perforated uterus in hysteroscopy procedure

Question

Hi, I would like to inquire about a medical injury case. I underwent a hysteroscopy at a fertility clinic and my uterus was accidentally perforated in the process. I originally went to this clinic for egg retrieval and during the process the doctor suspected there are two small sized uterine polyps and recommended removal via hysteroscopy. I did sign an informed consent, however prior to the procedure I was told that it is minimally invasive and I would be able to resume normal activities 1-2 days after. The doctor who did the operation told me the reason of the injury is due to 1/ anterior curved uterus and 2/ tight cervix. The uterus was penetrated with brute force of medical equipment and I suffered from bleeding, acute vomiting / nausea, and abdominal / pelvic pain. I had to go into the emergency room to get urgent treatment. 
 
I would like to ask for help on recommended ways to proceed in this case.

Eliza Jasinska · Answer

You may have grounds for a medical malpractice claim based on the accidental perforation of your uterus during the hysteroscopy procedure. Even though you signed an informed consent form, you were entitled to expect that the procedure would be performed with the appropriate standard of care. If the doctor used excessive force or failed to adequately prepare for your specific anatomical considerations (like the anterior curved uterus and tight cervix), this could be seen as negligence. To proceed, it’s crucial to gather all relevant medical records, including consent forms, treatment notes, and any documentation from your emergency room visit. Consulting with a medical malpractice attorney who specializes in similar cases can help you assess your options, determine if you have a viable claim, and guide you through the legal process. They can also help evaluate whether the informed consent you provided was adequate, given the circumstances of your injury.

James L. Arrasmith · Answer

I’m sorry to hear about your experience. It's understandable that you feel concerned after such an event. Uterine perforation, while rare in hysteroscopy procedures, can lead to serious complications, and it's important to ensure that your health is being properly addressed. Document everything related to your injury, including the medical records, emergency treatment, and any ongoing symptoms you’re experiencing. This documentation can be crucial if you decide to take further action. 
 
It’s also important to seek a second opinion from a different healthcare provider to assess any potential long-term effects and ensure you receive appropriate follow-up care. They can give you guidance on how to best manage your recovery and mitigate the risk of further complications. Make sure to monitor your symptoms and go back to the emergency room or consult your doctor if you experience worsening pain or additional symptoms. 
 
If you feel there was negligence involved, you may want to discuss the situation with someone who can provide legal advice. They can help you determine if there is a case to be made, especially given that you were assured of a minimally invasive procedure with a quick recovery but ended up with significant complications.

Q: Accidentally perforated uterus in hysteroscopy procedure