Join the Meeting Place for Moms!
Talk to other moms, share advice, and have fun!

(minimum 6 characters)

Should I sue for malpractice or am I way off base? **UPDATE # 2**

Posted by on Jul. 31, 2013 at 8:55 AM
  • 212 Replies
1 mom liked this

I had a tubal 3 years ago after having my 3rd child.  I was supposed to have had them cut and burned (they actually asked me when I said I was done having kids...gave me the choice of cutting and burning or clips), but found out that the doctor who did the procedure used clips instead of cutting my tubes. My tubal failed and we just had our 4th child 6 months ago and this time I had the Essure coils put in since my tubal had failed.

I went in for my HSG Confirmation test last month and the found that I had a "clip" floating beside my uterus not attached to my tube and the other clip was missing completely.  Also, my micro-inserts from the Essure procedure had "fell out" of my tubes and were also just hanging out beside my uterus. 

After apologizing the doctor doing the confirmation test told my he would speak with the docs that did both of my procedures and they would contact me within 24 hours.  This was a Thursday, and I didnt hear back from the doctors office until the next Monday.  I went in last Friday to see the doctor that did my Essure procedure and he told me that basically my tubes were just not normal, that they were very thin and delicate and thats why my tubes failed to hold the clips and that was why the inserts had perforated my tubes.  He said there was nothing else to do but for my husband to get fixed this time. 

Now, my hubby doesnt have insurance, and I asked the doc why didnt they just do a hysterectomy when they went in to remove all these metal coils and clips and he said absolutley not, that the stuff could stay inside me bc scar tissue would just cover it up and that there was no way for me to be fixed now...that I could have a IUD put in until we could save the money to have his surgery done. (not to mention the fact that I was "fixed" bc I didnt want to worry about BC anymore PERIOD.)

Now, I think this is pretty messed up. Not only are they not going to sterlize me, like I have paid them TWICE to do...and they are going to leave these coils inside me?  I dont think the clips are a really big deal, but just from googleing about the coils, I found that the coils can possibly perforate your uterus or bladder and cause severe pain and complications.

Sorry this is such a long post, I just wonder if anyone had any advice on what I should do....should I just accept that my body is to blame or are they really blowing me off after really screwing up 2 different procedures on me? 

Should I sue their asses or what?  There are alot of details I had to leave out so this post wasnt 3 pages long, but I covered the most important parts.  This was a real comedy of errors..only its not very funny to me.

****UPDATE****** I didnt realize I had so many replies beacuse I had to go to work and didnt have time to get on the computer anymore last night.  One thing I want to say though after reading a few posts is this....

I LOVE MY 4th MIRACLE BABY TO DEATH!!!!  Of course we didnt plan on having anymore children, but I would never trade her in a million years.  I was upset and cried when I found out, but all our kids are the loves of our lives.  I would never consider abortion or adoption...I just raise my kids.  We dont have alot of money and we really need to make more money now...but we love our kids and thank God for all of them every single day.   I will update again after I have had time to read through all the posts and I will definitley let you everyone know what happens with the 2nd opinion and the attorney. I have to go to the hospital today to get a copy of my operating notes. 

UPDATE 2- Well, I went and asked for my medical records from the hospital today so I can see if the doctor actually noted that my tubes were abnormal....and yes, when he opened me up and saw that the tubes were too thin to hold clips he should have cut and burned as requested.  I am not a sue happy person, but I have paid for sterilization 2X's now and would like to be assured I dont have to deal with BC for the rest of my life.  I feel so sorry for those of you who cant have children and think I am just being awful because I am upset about having another child and thats not it...I wouldnt trade my 4th baby for anything, but I cant keep brining kids into the world that I cant afford.  Yes, I can keep my legs closed, but the fact of the matter is that I had surgery to prevent anymore pregnancies, and I know they are not 100%, but if the procedures are not done correctly in the first place, then what should I do.....and NO, i do NOT want metal and scar tissue floating around in my pelvis for the rest of my life.  I dont think we should have to save money and get DH fixed because we cant afford to fix our central ac in the house because we dont make much money and yes we have 4 kids....why should I have to save $15,000 to get him fixed when the doctors were supposed to fix me.  Only 1 clip showed up in my dye test, and it wasnt on my tube...the other clip was missing and the dr said the radiologist found it when he reviewed the films but idk if I can believe that. 

I just hope when I get my medical records from the drs office and the hospital that they havent been tampered with to cover their asses.  Wish me luck ladies.  I will update after I et all my records and a 2nd opinion.

Thanks for all the support and advice and prayers! 

Meanwhile here are some pictures of our 4 wonderful kiddos!

Matthew 16 years

Kaitlyn 9 years

Makenzie 3 yrs

Chelsea 6 mths

by on Jul. 31, 2013 at 8:55 AM
Add your quick reply below:
You must be a member to reply to this post.
Replies (1-10):
by on Jul. 31, 2013 at 8:58 AM
14 moms liked this

Do yo have the documentation they gave you about cutting and burning your tubes to begin with? If so, yeah, I'd sue. They have screwed up several times here.

by on Jul. 31, 2013 at 9:05 AM
15 moms liked this
Are all these doctors in the same office?
I would get a second opinion (at a different doctors office)

Usually It's not good to just leave things in your body for no reason especially anything metal.
Posted on CafeMom Mobile
by Ruby Member on Jul. 31, 2013 at 9:12 AM
4 moms liked this
I would not sue, just me. You probably signed something that it wasn't 100%.
Posted on CafeMom Mobile
by on Jul. 31, 2013 at 9:16 AM
47 moms liked this
I would go and request your medical records ASAP and consult a lawyer.

When you first started out, I was thinking you couldn't sue just because you got pregnant after having a tubal, but by the end of your post you started to sound like you might have a case.

1) they did the wrong procedure to begin with, but unless you have paper work to prove this you don't have much of a case. Do you remember signing any papers that stated the specifics of your procedure? They light be trying to cover their asses so request your records from the office and the hospital ASAP.

2) Lets say your paper work does say you we're just suppose to the clips (an oversight by you and your drs), there might still be a malpractice suit here, because when they opened you up they should have noticed your tubes would not hold the clips. A dr that regularly preforms tubals should have realized something was off.

3) Then they continued to do another procedure with your "deformed" (for lack of a better word) tubes.

4) Now they are refusing to correct their mistakes?!?

Granted I don't think I would trust these doctors with my body, but you should be compensated so that you can afford to have THEIR mistakes fixed. You should also get your money refunded and money for pain and suffering.

This wasn't just a birth control fail. This was doctors performing TWO procedures knowing that your body couldn't take it, I would call that malpractice
by Gold Member on Jul. 31, 2013 at 9:17 AM
1 mom liked this

at least have an atty look into it...they do consultations for free, and if it is something not worthy of suing over, they'll let you may take them a couple months to figure it out, tho

by on Jul. 31, 2013 at 9:20 AM
1 mom liked this
This isn't just a birth control fail though. Her doctors are leaving metal coils and clips in her body that could cause her more harm.

They admit that her tubes are not designed to work well with the procedures they preformed (which I'm not sure if I believe, the doctors could have botched both of the surgeries) but yet they preformed them anyways. Why didn't they realize this beforehand? If not before the first surgery they def should have caught if before the second procedure.

Quoting atlmom2:

I would not sue, just me. You probably signed something that it wasn't 100%.

by on Jul. 31, 2013 at 9:27 AM

I have requested my medical records and have an attorney I am susposed to consult with once I get them.  I dont have documentation about my choice I dont believe, just a papaer saying that it was a bi-lateral tubal ligation.  And, the other clip was not visible on the radiology screen they had I dont know if they even put a clip on the other side....the doctor said the radiologist found it and that it was covered up by scar tissure but I dont know if I believe that.  I am definately going to find another doctor and get a second opinion.   And yes, these are all doctor in one big practice.  There are 13 docs in all.  They also said they had no resistance at all when oputting in my Essuere coils, but of course nothing was ever said to me about that, or about the fact that my tubes were "abnormal"  I asked why if my tubes were too delicate to hold the clips why did they not just cut and burn them or removed them all together and he had nothing to say to that..."just that well we all gave Dr. Parker a hard time about that..chuckle"

* Edit for typos- please no grammer police if I missed anything*

by on Jul. 31, 2013 at 9:42 AM
3 moms liked this
I agree with the advice to get your medical records, consult an attorney, and get another opinion.
by Gold Member on Jul. 31, 2013 at 9:45 AM

I would get a 2nd opinion and consult an attorney.

by on Jul. 31, 2013 at 9:47 AM
11 moms liked this
I think most people are way too sue-happy, but in this situation, I would definitely be talking to an attorney, at least to see if it was within my rights to get my money back for all the stuff they screwed up. I disagree with these people that try to get $2 million for pain and suffering or whatnot, but you've payed them for stuff they messed up.
Add your quick reply below:
You must be a member to reply to this post.
Join the Meeting Place for Moms!
Talk to other moms, share advice, and have fun!

(minimum 6 characters)