Legal Question in Personal Injury in California
Breech of Contract/ Medical Malpractice
I was chosen to be an egg donor for an infertile couple.
From June to September 2002 I underwent hormone therapy and surgery to retrieve the eggs. Surgery was September 9, 2002.
I was to be compensated $5,000 upon surgery, as stipulated through legal agreements.
Despite very successful hormone therapy, the egg retrieval was a failure. No viable eggs were obtained by the doctor.
Additionally, I went through complications post-surgery and was admitted to the Emergency Room with severe internal bleeding. The ER staff indicated that I could have died as a result of the bleeding.
The egg donor facility placed a stop payment on my $5,000 check. They feel I breeched contract as the surgery was a failure.
In addition, the contract stipulated the couple take out a health insurance policy for any unseen medical circumstances. However, they have refused to apply insurance towards any of my emergency room expenses.
I would like to receive my compensation and insurance. If medical malpractice is a possibility, I am willing to do that also.
5 Answers from Attorneys
Re: Breech of Contract/ Medical Malpractice
You are being screwed. You will need an attorney to review the agreements and possibly file a law suit.
Re: Breech of Contract/ Medical Malpractice
You may have a good case, depending on the specifics of your contract. The contractual provisions MAY govern both the $5,000 oayment and the insurance proceeds.
You should contact an attorney and have them review the contract.
Re: Breech of Contract/ Medical Malpractice
As is often true, your rights are determined by the language of the contract you signed. The contract might say that they only have to pay you if the egg retrieval is a success, though that doesn't sound very likely. Alternatively, they might believe that you breached some other provision of the agreement.
My gut reaction is that their actions are improper, but my gut is uninformed about exactly what your contract says or exactly why they believe they are not obligated to live up to it. I might or might not have a different answer if I had more information.
Re: Breech of Contract/ Medical Malpractice
You should immediately have an attorney review the contracts for you. Also, you may have a cause of action under the "bad check" laws. Please feel free to call or email me with any questions. Thanks for your question and good luck.
Re: Breech of Contract/ Medical Malpractice
from the facts given, you have several viable causes of action available to you here. if you would like further legal assistance and/or a free evaluation of your case, email me directly with more facts and how you would like to proceed.
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