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Medical Malpractice/embedded iud paragard


Hello,I've had my Paragard IUD in for 10 years. About a week ago I was to get it removed and insert a new one.during the removal my as my doctor was the she noted there was resistant but went ahead and tried again with more resistance,at this point I let her know that I was in severe pain and I could not tolerate any more she said let me go in one more time to see if I could get the peace out,I heard a snap and she let me know that this has never happened before, the IUD broke inside me into three pieces she retrieved 2 of the pieces and one was left inside. She immediately took me in for ultrasound to see where the piece was another doctor came and look at the ultrasound,he advised that we go and do another ultrasound with saline while that was going on he noticed that it was completely embedded in the fundus region. Both doctors said that it is very unlikely that it could be removed that it shouldn't cause any problems but they are not sure. My doctor said she is not advising me to do this but let me know that it was so embedded the only way out would be a hysterectomy. I am getting a second opinion. I want to know with the resistance should my doctor have gone in three times to pull on IUD and cause it to break?would this be her fault or the medical device issue? Thank you for your time.

Lisa: For what it's worth, I have a long legal/medical background with IUDs.  I represented hundreds of women who used the Dalkon Shield IUD, a very defectively designed IUD that caused infections, back in the 80s and 90s.  The first question whether the doctor should have made the third attempt is of course a medical question.  A lawyer can't answer that.  Would another gyn have pressed on? Only another gyn could answer that and even another gyn would probably say, "I wasn't there. I don't know how hard they tried the first two times.  It was Lisa's doctors' REASONABLE MEDICAL JUDGMENT (key legal words) to try again because the only alternatives were to leave it in or do surgery".  In my opinion, not being a doctor and only knowing what you have told me, I think he probably did the right thing.  If he asked you while you are in great pain "Lisa, I can try one more time to get the damn thing out or we leave it in and probably have a big surgery instead, what do you want me to do"?  I bet you would have said "TRY AGAIN".  Don't you agree???  Whether you do or not, I believe it was REASONABLE MEDICAL JUDGMENT to try again and therefore, not malpractice.........even though it might have made matters worse.  What so many people fail to understand is that just because a medical procedure doesn't come out well means that malpractice was committed.

As far as the device becoming embedded and breaking, this happens all too freguently with all IUDs.  I have dealt with dozens of cases where the IUD (Mirena is famous for this) actually perforated the uterus (went all the way through) and is later found somewhere embedded in other abdominal organs.  True.  Bottom line, no legal case against the doctor or the IUD maker.  I feel 100% about this.  PS:  Again, I am not a doctor and not qualified to give medical advice but if it is decided that the fragment must be removed, discuss a plan to do a conservative surgery.......maybe a hysteroscopy and if that fails, while you still on the table then do the bigger surgery. Good luck.

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Glenn A. Dorfman


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


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

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

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