my niece, Jody, 41 years old. Had a gyn procedure a week ago. Removal of an ovary with a cyst on it as well as a D&C for heavy menstrual cramping. Along with this procedure the Dr. did an "ablation". Jody was under the impression that this procedure was part of the D & C procedure. At the office visit for follow up she was told by the Dr. that she needed to be extremely careful using her birth control because she would never be able to have a term pregnancy again that the ablation destroyed the lining of the uterus making it impossible to carry a baby to term. Along with in essence sterilizing Jody she was no faced with the risk of serious consequences if she did become pregnant. AT no time was Jody told that could no longer have a child!!!!! She has a son 4 and always considered having another child. How could a female dr. do a procedure on a woman without telling her that the 2 consequences were never having another child, as well as serious medical considerations if she did become pregnant!!!

Your niece certainly should have been advised of the impact that an ablation would have on her ability to conceive. At the same time, to win an informed consent case you have to prove that a reasonable person in her position would have decided against the procedure if they had been given the appropriate information. Assuming she can meet that burden, her damages are limited to the consequences of the ablation. If the premise of the case is that she was planning on having another child, and this took away her ability to do this, and you can prove this, then it is possible she would have a colorable medical malpractice case, although I have turned down cases like this in the past because I think they are a little too tenuous. If she was actively trying to get pregnant or visiting a fertility doctor, that would be a different situation.  If you think that you may have a viable 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.  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 expect when filing a medical malpractice case. Click here for more information about me. Click here for more information about my firm. 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 Web: www.starrgern.com.