You are here:

Medical Malpractice/uterine perforation by iud measuring instrument

Advertisement


Question
Hello, about a year and a half ago I went to get a paragard iud put into my uterus in January. The resident doctor told me the side effects about it and gave me the paper that came in the package the iud was in. the doctor had an attending watching over her shoulder the whole time. the doctor does a manual exam and then takes that measuring tool i believe they call it the "sound" to see how far back the iud can actually go before they place it inside my uterus, and it was reading longer than it did the previous year (mind you i had an iud put in before a year prior but the got pregnant on it because the one doctor said the other doctor that did it did not place it in all the way and that when they did it this time they would do an ultrasound afterwards...also mind you i was a breastfeeding mother of my third child by now, which is know that breastfeeding helps your uterus shrink back to normal faster). anyway i the year prior i measured a normal 6 CM but as the doctor measures me she says, and i quote, "i think i can go in further." automatically i felt this horrible pain like i was having terrible contractions from my children but without the epidural!! i told her it didnt feel the same like last time which only felt like cramping. she had told me that since it was not placed in correctly that maybe that was why. so i tried to ignore it but the pain kept getting worse immediately! i could barely sit up i was crying hysterically in horror!!! she gave me two tylenol and told me when i was ready to get dressed and leave that was fine and she wanted me to get an ultrasound to go two weeks following to find out why i was measuring 14 CM and tried to send me home. i had walked to me appointment that day...i could barely get dressed and called my fiance to come get me and help me get dressed and drive me home. when he got there he helped me up and i was laying in a puddle of blood which did not seem normal at all...im still crying at this point in pain and a nurse comes in and sneakingly ask me if im ok and takes the iud that was not opened (since they were in high demand at that office) and walked out. i kept telling the doctor i was in so much pain i could barely stand so she sent me to the ER. when i got to the ER i had to wait for a few minutes and they gave me morphine which i found out that day i was allergic so they switched me to delatted (i think i spelled that wrong) which helped control the pain from like a 50 to a 9. i get an ultrasound done and they see that the doctor perforated my uterus with that measuring tool "the sound" and i was bleeding internally!! they said i had to wait a few hours too see if i continue to bleed and if i did i needed surgery. when i got the second surgery they saw i was bleeding an extreme amount of blood and needed surgery immediately! i was losing soo much blood i felt like i was drifting away from the world and told my fiance that i loved him and my kids and the last i remember my machines were beeping like crazy and i tried to calm myself down by talking to the doctors as they were about to put me under how it was my daughter's 2nd birthday coming up in a month that i was planning. when i woke back up i felt like complete crap. the doctor told me they had done two surgeries because the first one (laparoscopic surdery with the 3 small incisions) and then a 2nd surgery that is similar to a C-section but forget what it is called (which all my pregnancies were delivered vaginally!!!). the doctor that saved my life had explained that i had lost an equivalent to a 2 LITER bottle of blood!.. i was hospitalized for 5 days and the 2nd day i was there they said since i was so tired and anemic from losing so much blood i would need a blood transfusion. i had to get TWO blood transfusions!!! let me tell you i have not and still do not feel like the same person ever since. my fiance and i are barely intimate with each other, it is not funny but he is LUCKY if i even let him have sex with me one or two times per month. mind you we were at the time 24 and 22 years old!! i went into a deep depression. when i was discharged a few days after being home my oldest daughter almost two years old grabbed my hand while i was in bed and said, "mommy please dont die!" can you even imagine to hear your baby child say something like that to you so young yourself?! my fiance and i did not even try to be intimate with each other (well more so me) until 8 or so months post surgeries! i was and still am afraid since i cannot satisfy him he will leave me because of this. i went and saw a therapist for a while and told her how alone i felt like i was in a black hole. my son that i was breastfeeding wouldnt feed from me any more and that was very important to me. i am extremely paranoid than the normal than i was before this ever happen to me that i am on medication for now still. i am on medication for pelvic pain that i have still to this day' which the doctors have sent me to get numerous ultrasounds done post since surgery. i also recently the past 3 months had to get a colonoscopy and endoscopy done at the same time to figure out where the pain is coming from, which they found nothing. they want me to get another ultrasound done in 3 months and if they can not figure it out they want me to have a laparoscopy surgery done to see if there are adhesions from the scare tissue i have. when i look at my body after i shower or when i get dressed or look at my body in the mirror i feel like complete f****** crap that i cannot believe me being so young i have all these horrible scares that me or my kids did not do to my body....it is all because the doctor almost killed me! this is as brief as i can explain my story but while giving you some tid bits on how i feel and other such...the question is, because i have been looking for lawyers for this malpractice...SINCE THE DOCTOR PERFORATED MY UTERUS WITH THE MEASURING TOOL "THE SOUND" TO SEE HOW FAR BACK TO PUT THE IUD ITSELF AND DID NOT PERFORATE MY UTERUS WITH AN IUD, CAN I SUE THE DOCTOR FOR MALPRACTICE AND PAIN AND SUFFERING AND DO I HAVE A BETTER CHANCE OF GETTING A SUIT BECAUSE THE DOCTOR PERFORATED MY UTERUS WITH A MEASURING TOOL AND NOT BEING PERFORATED BY AN IUD ITSELF?!?!?!?!.....mind you the doctor and nor did i read from the paper she gave say that the doctor themselves is a side effect from having your uterus perforated!!! and do you know or can recommend a lawyer in philadelphia, pennsylvania????? i would greatly appreciate it and just dont understand why a lawyer wont help me thus far.

Answer
Wow, 3 kids, age 22, unmarried.  You were already dealing with a difficult situation.  Anyhow, lots of things can go wrong with IUDs and in almost all instances, neither the doctor nor the device can be blamed sufficiently to justify and expensive lawsuit.  But in this case, I happen to think that there is very strong liability.  That is to say, you have the makings of a good lawsuit.  Two big issues to get there however:  One, you have to convince a lawyer that your damages are worth a few hundred thousand dollars to make the case worthwhile.  You already have 3 kids.  Last thing you need are more.  You were seeking contraception so you wanted of course to avoid more pregnancies. So, any loss of fertility would not be worth much. Also, hard to place value on emotional/sexual ties to someone you are not married to. Again, not worth much to anyone but you and he. Don't mean to be cruel but those are the facts of life.  Lot of people would be thinking you shouldn't even be thinking about sex at this point. So, questions is the extent of your medical/physical injuries as a result of this big error with the probing device.  Second thing to check right now:  THE STATUTE OF LIMITIATIONS IN YOUR STATE.  THERE IS A TIME LIMIT TO TAKE LEGAL ACTION. IT MAY BE ALREADY TOO LATE. DO THIS NOW:  google as follows:  [name of your State] medical malpractice Statute of Limitations...........the clock on your case would have started when you learned that your uterus has been perforated.  Conclusion: if you think the damages are high enough and you still have time with the Statute, get your medical records and start contact lawfirms that handle medical malpractice. good luck

Medical Malpractice

All Answers


Answers by Expert:


Ask Experts

Volunteer


Glenn A. Dorfman

Expertise

Thirty-four years experience in personal injury, medical malpractice and medical product liability law. Qualified to answer all questions regarding injuries and the law, except for worker`s compensation. Also wide experience in medical product defect cases ie current litigation regarding the Johnson&Johnson (DePuy)defective hip implant cases and Mirena IUD issues

Experience

Thirty-four years experience handling cases involving auto accidents, trips and fall, fires, dog bite,medical malpractice and defective medical product cases with particular emphasis in 2012 and beyond with the DePuy ASR (Johnson&Johnson) defective hip implant cases. Twenty-five years of experience with defective IUD issues as well

Education/Credentials
Jurisdoctor Degree 1976 and Member in good standing with CA State Bar Assoc. since 1976

©2016 About.com. All rights reserved.