Legal Question in Medical Malpractice in Florida

On December 11, 1998, I was rushed to the ER due to pelvic pain. I was 14 years old. An ultrasound was performed and the technician located an ectopic pregnancy and a cyst on my right ovary. My father arrived as I was being rushed to the operating room. The doctor told my father that he was going to perform a hysterectomy. My father argued against it so he requested I be sent to a different hospital. Because I was bleeding internally, the doctor warned my father that if I were taken to Jackson South, I would not survive. My father agreed to allow the surgery to be performed to remove the cyst and the ectopic pregnancy, not a hysterectomy. My parents and I did not sign a consent form to perform a tubal ligation, yet the doctor had performed this procedure. The outcome of the surgery in 1998 left me with my left ovary and a cut Fallopian tube. My right ovary and Fallopian tube were removed due to the troubled pregnancy.

I believe the doctor had an agenda with someone my age becoming pregnant and had argued with my father to remove everything, but my father argued against it. The doctor then also proceeded to contact DCFS on my parents for my pregnancy at such a young age.

I am currently 27 years old. On December 27, 2011, I went to see an OBGYN specialist due to a pap smear that came back questionable for cancer cells. The doctor went through his routine questions. He asked if I was able to conceive and I explained my situation regarding my tubal ligation. He said the doctor who performed my surgery due to my ectopic pregnancy had no business dealing with my left ovary. He asked where the surgery was performed and if I knew the doctors name. I told him where the surgery took place and that I didn't remember his name, but I had the procedure paperwork that had the doctor�s name on it. He paused and took a minute to compose himself. He then got defensive and told me that he wasn't going to try to defend the doctor who performed the surgery, but maybe I had it all wrong. He brought up the possibility that I might just be infertile. I assured him that was not the case for my lack to conceive. I was surprised and taken back by his defensiveness and I assured him that I knew the type of surgery performed. He then became agitated with me and accused me of not knowing what I was talking about.

It was an unusual office visit and I have never experienced a doctor behave in the manner he did. I went home and read the paperwork from the surgery and I was shocked to find that the doctor who performed my surgery in '98 is the same doctor that I saw on December 27th, 2011. I know clearly understand why he got defensive for no apparent reason.

I thought the surgery performed on me was necessary, but I now find out, 13 years later, that it was not. I now understand why so many OBGYN's were shocked that my tubal ligation was done at the age of 14.

Because of his comments on my tubal ligation being malpractice, it prompted me to search, but I would have never imagined meeting the exact doctor who did the malpractice.

I'm the forgiving type and would rather not battle the doctor but at the same time, he took away what most woman would die to have, the ability to become pregnant. I am heart broken. I want him to fix what he did dishonestly, but if he refuses to own up to his malpractice and his actions toward his own personal agenda, then I want to stand firm and fight.

Do I have a case?

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