QUESTION
MY DR GAVE ME DEPO VERA AFTER HE DID A PELVIC EXAM AND ANNUAL PAP SMEAR. HE FAILED TO SEE I WAS OVER 4 MONTHS PREGNANT AND GAVE ME DEPO VERA SHOT !!.
Asked on Apr 25th, 2013 on Medical Malpractice - Illinois
More details to this question:
I WENT TO DR 11/21/2012 AND RECIEVED A PREGNANCY TEST THEN A DEPO VERA SHOT. I CAME BACK 02/03/2013 FOR MY ANNUAL PAP SMEAR AND PELVIC EXAM. I ASKED WHY MY PERIOD STOPPED AND MY WEIGHT GAIN, THEY SAID IT WS BC OF THE DEPO SHOT AND THE OTHER MEDICATIONS I WAS ON AND HE ASSURED ME I WAS NOT PREGNANT. I CAME BACK ON 02/15/2013 AND R3ECEIVED ANOTHER SHOT OF DEPO VERA. I WENT TO CLINIC ON 04/22/2013 BC I FELT MOVEMENT IN MY STOMACH AND THEY SAID I WAS PREGNANT, I THEN WENT FOR ULTRASOUND AND IT WAS DETERMINED I WAS 25 WEEKS. THE PREGNANCY IS NOW VIABLE AND I HAVE NO CHOICE BUT TO CARRY IT TO TERM AND I WAS UNAWARE AND WAS TAKING MEDICATION THAT THEY WERE AWARE OF BESIDES DEPO VERA THAT COULD BE HARMFUL TO MY CHILD. I FEEL IT WAS TOTALLY NEGLIGENT FOR THE DR WHO EXAMINED MY UTERUS, CERVIX, ECT NOT TO NOTICE THAT I WAS 16 WEEKS PREGNANT AND TO ALLOW ME TO RECEIVE ANOTHER BIRTH CONTROL SHOT ALONG WITH MY OTHER MEDICATION.
1 ANSWER
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John J. Ratkowitz
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The doctor should have given you a pregnancy before providing you with the first injection of Depo-Provera. If he failed to do this, he was negligent. A possibility is that he performed the test and it was a false negative. Pregnancy tests do not always detect pregnancies less than two weeks old, so if you had unprotected sex in the two weeks leading up to the first shot, that is a possibility. At the same time, he should have asked you this question so that he understood whether the test was accurate.
If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state). They take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys. Then, visit each attorney's website and look for a firm that has a record of successful verdicts, ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.
Below are some articles you may find helpful. They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.
Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability.
Click here for an article that explains what you can and should expect when pursuing a medical malpractice case.
Click here, here and here for more information about me. Click here for summaries of some of the cases that I have litigated.
Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com Skype: john_ratkowitz Click here for my website.
Answered on Apr 26th, 2013 at 10:33 AM