QUESTION
What are the requirements for medical malpractice when patient was put on Mirena IUD and was made to believe it was great?
Asked on Dec 18th, 2011 on Medical Malpractice - Indiana
More details to this question:
Summary info: Seen OBGYN in Aug 2010 for annual exam. Discussed options for birth control. Doc pushed Mirena IUD - didn''t mention negative side effects. Was given informational brochure and assured that "it was a great product with practically no side effects" like other birth control methods. Doctor cited personal experiences with it, like everyone she knew who used it, loved it. Oct 2010 had Mirena IUD inserted. Oct - Dec 2010 pain, bleeding and severe pelvic pain monthly thereafter. After many ER visits and other opinions, diagnosed with PID and scheduled to have IUD removed.
Does it sound like there are grounds for a lawsuit, if only to get medical expenses covered for troubles caused by product/lack of informed consent?
1 ANSWER
This sounds like a very difficult case. In order to prevail on a medical malpractice claim in Indiana, you will need to prove that the doctor did something that no reasonable physician would do under the same or similar circumstances. Since many OBGYN's recommend and implant this device, it will be very difficult to prove that recommending the device constitutes medical malpractice. Another option would be to determine if the device was inserted correctly. This would be have to be determined by having another OBGYN review the medical records. You should contact an experienced medical malpractice attorney in your area to discuss your case.
Nick Deets
Hovde Dassow & Deets LLC
www.hovdelaw.com
Answered on Jan 04th, 2012 at 4:21 PM