Every year, women in New York and throughout the country make choices about the type of birth control they want to use to help with family planning. If you believe that you have been the victim of IUD medical malpractice, you need to reach out to a seasoned Syracuse medical malpractice attorney who can help. At DeFrancisco & Falgiatano Personal Injury Lawyers, we have extensive experience representing victims of medical malpractice throughout New York.
An IUD is a tiny device that is put into a woman’s uterus to prevent pregnancy. Essentially, IUDs prevent pregnancy by changing the way the sperm cells move so they cannot reach an egg. These devices are long-term, reversible and one of the most effective birth control methods available to women.
Three years ago, mother-of-one T.S., consulted with her physician and decided to get an intrauterine device (IUD). She had it in for three years and it never gave her any problems until last November when she felt a sharp pain. She went to the hospital and an x-ray revealed the birth control had shattered into pieces and shifted far up her stomach into her liver.
Smith underwent surgery to have the pieces of the device removed. However, after surgery, she began bleeding uncontrollably and had to be rushed back to the hospital. When doctors reopened her to see if there was internal bleeding, they saw that the patient’s ovaries were black. Doctors had to perform an emergency hysterectomy. Following the second surgery, Smith developed sepsis and soon after, the toes on her left foot and the tips of her toes on her right foot began turning black and eventually had to be amputated. The ordeal has left Smith unable to return to school or her part time jobs.
Medical malpractice occurs when a medical professional fails to adhere to the standard of care that another medical professional in the same specialty would have adhered to in the same or similar circumstances, thereby causing injury or death to the patient. In New York, the plaintiff must prove the following elements by a preponderance of the evidence to establish malpractice: i) the doctor owed the patient a duty of care; ii) the doctor breached the duty of care owed to the patient; and iii) the doctor’s breach was a direct cause of the patient’s harm.
A patient may file an IUD medical malpractice lawsuit for several reasons. In some cases, the physician may have failed to insert the device properly and the patient may experience a range of problems. In other cases, a physician may be unable to locate or remove an IUD leading to serious health issues. In addition, a patient may be able to file a medical malpractice claim if a physician did not discuss the potential risks associated with the device.
If you believe that a defective application of an IUD or a malfunctioning IUD caused your injuries, you may be entitled to compensation. At DeFrancisco & Falgiatano Personal Injury Lawyers, our Syracuse OBGYN malpractice attorneys will thoroughly investigate the details of your case and determine whether negligence played a role in your harm. You can rest assured that we are prepared to give you the professional and personal care you need for a complete recovery. For a free case evaluation, call us at 315-479-9000 or contact us online.
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