Is it worth pursuing a case over a wrong medical device placed?

UPDATED: Oct 1, 2022

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Is it worth pursuing a case over a wrong medical device placed?

My 22 year old sister asked for a non-hormonal IUD to be placed. After having an IUD placed and leaving the women’s health office, she noticed on her paperwork that a hormonal IUD was actually placed. She called the office to confirm. The nurse midwife that placed the IUD said, Oh. Well, just keep that 1 in for 6 months then we can take it out and put the other one in. What? So the wrong medical device was inserted and then she was told to leave it? Hormones are being released into her body that she did not want. Now she has to go through the physical pain of having it removed and replaced.

Asked on July 12, 2019 under Malpractice Law, Illinois


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Medical malpractice is negligence.
Prior to filing a lawsuit for negligence against the nurse practitioner, it may be possible to settle the case with her malpractice insurance carrier.
Your sister's claim filed with the malpractice insurance carrier should include her medical bills, medical reports, and if applicable, documentation of wage loss.
Compensation for the medical bills is straight reimbursement. The medical reports document her medical treatment and are used to determine compensation for pain and suffering, which is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement.
If the case is settled with the malpractice insurance carrier, no lawsuit is filed.
If your sister is dissatisfied with the settlement offers, she should reject them and file a lawsuit for negligence against the nurse practitioner.
If the case is not settled, the lawsuit must be filed prior to the expiration of the applicable statute of limitations or your sister will lose her rights forever in the matter.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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