An intrauterine device (IUD) is a little, T-shaped piece of plastic inserted into a woman’s uterus to prevent pregnancy. It is a type of long-term contraception that is considered to be 95 to 98 percent effective. One type of IUD releases a hormone (progesterone) and is replaced each year. The second type is made of copper and can be left in the body for five years. The most common shape, however, is a plastic “T” wrapped with copper wire. Mirena, Skyla, and ParaGard are common brands.
Prior to the placement of the IUD, the physician should take a woman’s medical history, conducting a physical examination as well as a pap test. After a full evaluation, the physician will be able to determine whether a woman can safely use an IUD. Some women are disqualified from using the device due to a variety of reasons. For example, a woman who suffers from abnormal vaginal bleeding or who is currently pregnant would not be able to use an IUD.
If it is deemed safe, a physician places an IUD into the uterus. The physician should take great care when doing this in order not to injure the woman. The improper insertion of an IUD can lead to a medical malpractice lawsuit against the physician.
Medical malpractice occurs when a physician causes an injury or death by failing to use the level of care that a reasonably prudent physician in the same specialty would have used in the same or similar circumstances. For example, if a physician caused harm by inserting an IUD into a pregnant woman, he would have likely committed medical malpractice. This is because a reasonably prudent physician would rule out pregnancy before inserting an IUD, since not doing so could cause a foreseeable injury to the woman.
Another basis for medical malpractice arising from the use of an IUD occurs when a physician is unable to locate and remove the IUD. If it is determined that the physician failed to evaluate the patient and treat her properly, the physician may be liable. Additionally, malpractice may take place when a second IUD is placed without first removing one already in place.
It is important to note that liability in IUD cases also commonly arises due to a doctor’s failure to obtain informed consent. In other words, many IUD medical malpractice cases occur because the physician breaches the duty to warn patients of the risks associated with using the IUD. It is not required that the doctor warn the patient about every possible risk, but they should mention risks that the average person would need to know in order to make an informed decision about whether or not to proceed with the treatment. If a physician fails to inform the patient, he or she may be liable for any injuries sustained by the patient.
If you have been injured by an IUD, it is important to contact a skilled Baltimore medical malpractice attorney who understands this area of law. At Arfaa Law Group, we are committed to protecting our clients’ rights and seeking the compensation they are rightfully entitled to receive under the law. We are ready to help you and your family, so do not delay in reaching out to us. We proudly represent clients from all across Maryland. To learn more, call 410-889-1850 or contact us online.
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