Negligent OB/GYN? Gounds for lawsuit?

[KittenCat]

I had a D&C last Sept, 2004.  Four days later I was back in the hospital bleeding profusely in pain.  2nd D&C performed, large products of conception were found, plus the placenta.  I have had pain for months.  Found out from Hysteosalpingogram that this doctor scarred my uterus, and now I have adenomyosis.  I have a huge lateral adhesion on my right side of uterus.  Is this negligence?  Does anyone know or know anybody with this? What is Adenomyosis and is it like Ashermann's?  Please help!! Still in pain!!

[jluhart]

I would probably call a lawyer and see what they think.

[jluhart]

Shouldn't the first doctor have at least removed a placenta?  That seems like more than a mistake.

[cinnamonheart]

Yes I would imagine consent forms were signed before the procedure was done. My question how would you ever find evidence  or people to testify ??  And the price of a lawyer isnt cheap??  Just for example We had 2 kids dh had a vasectomy since we didnt want anymore, OOPs  we have a 5 month old baby.
Vasectomy was 2.5 years ago. What do I do sue???

[jluhart]

A lot of lawyers will meet with you for free regarding a case.  There are also lawyers whose fees are contingent upon a win.  

I do agree that there are a lot of frivolous lawsuits like suing McDonalds because you are overweight or something, but some health lawsuits are viable.  Leaving a placenta in the uterus might qualify.  Isn't that like having surgery to get your tonsils removed and they are left in?

[blondie72]

I agree with the tonsil thing.  But instead of suing I would say look I came in here for a procedure and you did not do it so you WILL do it at no cost to me.  If they charge you then maybe I could see you going to a lawyer just to get reimbursed but that is it.  After lawyer costs it really may not be worth it.  I could have sued my dentist a couple times I think but I chose not to and just found a new one.  O well I guess that is just me.  Like I said you gotta do what you gotta do.

[clevelandlady]

I had read that a d&c was a "blind" procedure...the dr. really can't see the whole uterus visually,so alot have to be redone.My friend had one,and had to sign a whole bunch of consent forms,1 of which was a whole page stating everything that could possibly go wrong.I don't think you could sue if you knew the risks before hand??? maybe i'm wrong.

[blondie72]

I had to have a second D&C performed due to a small piece of placenta at the tip of my uterus and I NEVER thought I should sue my dr.  I am so tired of everyone wanting to sue over every little thing.  That is why out freakin' health insurance is through the roof because people are always trying to make a quick buck.  I mean if it has hurt your chances to have children I guess you gotta do what you gotta do.  I am sorry to sound so b****y but I just hear this too many times.  I had people at work after my 2nd D&C tell me I should sue I said that is not me.  People do make mistakes sometimes and yes sometimes they are horrible but it happens.  I would just chalk it up as a bad experience find a new dr and go on.  Sorry but that is how I feel.  Good Luck to you.

[gonza]

I am sure you signed some sort of consent form with risks and stuff.  I bet you would not be able to sue.

[cinnamonheart]

Same with getting a tubal I had to sign forms  who reads all the fine print!!

[Still_AndiJ]

With ANY procedure there are risks. D&C is no different. Risks from a D&C include possible scarring, weakened uterus/cervix, etc. I had a d&c done in Aug 2000 for a missed miscarriage. We were concerned about subsequent pregnancies and when I was put on bedrest for PTL at 26 weeks with my next pregnancy 1 year later, the thought never occured to me to sue. Following the delivery of my son, I was dx with cervical cancer and had to undergo a leep procedure. Again, there were risks such as incompetent cervix or troubles conceiving. Yet again it was a risk versus benefit. I was able to go on to have another successful pregnancy, though I wonder if the scarring on the cervix contributed to such a weird experience (no dilation despite months of contractions and once I reached 3 it was as if a dam broke)lol. I would never have sued. I have had a few experiences in my life where I had grounds to sue, but the entire US is so damn sue happy I refused to be part of it.

Regardless, unless there was gross incompetence there is no reason to sue. Scar tissue from a d&c is a risk taken when the procedure is agreed to. Unfortunately, there is no basis for a lawsuit.

Nor is there grounds for a free fix (you caused scar tissue, you need to fix it for free) that is silly. Look for treatments, find out if that is actually the cause.

Andrea

[MamaX3]

I cannot believe some of the comments I am reading on here.  Yes, there are many frivolous lawsuits out there, but damaging ones uterus is definite grounds for suing.  Ruining someone's chances of having future or any children at all is a definite lawsuit in my book.

[jluhart]

If my insurance has to pay for 2 D & C's since my placenta was "left in", I'd think they wouldn't be too pleased with that.

[Christie2004]

A D&C IS a blind procedure.  The known risks are perforation of the uterus, removal of too much or too little tissue, hemmorhage, and sometimes scar tissue formation.  There can also be damage to the cervix, weakening it to the point where a subsequent pregnancy is threatened.

These things can happen to the most skilled of surgeons.  They are rare complications, but they can and do happen.  Some people for scar tissue abnormally, and there is no way to predict that in advance.

I certainly can't tell from your post if your doctor was careless or negligent.  If you think he/she was, see a lawyer--they will review your operative reports and see what they think.  Contrary to popular opinion, lawyers often turn down cases where there isn't a lot for them to gain...they want the big dollar cases where there is obvious malpractice and heavy damages.  

I'd concentrate on seeing a reproductive specialist to work towards your future goals.   Good luck to you.

[mgi]

When I  miscarried I refused a D&C.   I held my ground.  I was teh patient - I wasn't willing to take the risks

[lovinmom]

Usually with a D&C there is a consent form that you have to sign.  If you get your records and read them, there should be a warning that the D&C can cause scarring.  Often women don't read the fine print due to the stress of the whole miscarriage.  A D&C is a blind procedure (can't see in the uterus)  and there are no guarantees that all tissue will be removed or that there will no scarring. I would suggest that you go to ashermans.org.  They are very knowledgeable about this subject.  They have an excellent support group that you can become a part of.  They will be able to direct you to a specialist who will help your condition.  I am so sorry that you had to go through all of this.  I hope that you get to see a good specialist who will be able to treat your condition and help you to conceive again.