Legal Question in Medical Malpractice in Michigan

I got admitted to the hospital last week because i was in a lot of pain on my left side. well after a MRI was done they noticed a blood clot in my ovarian arteries and said that my iud punctured my uterine wall a wall because it was inserted incorrectly. Now I'm on blood thinners and cant go to work because I'm in so much pain and the medicine makes me ill. Do i have grounds for a lawsuit?


Asked on 9/08/10, 3:15 pm

1 Answer from Attorneys

Audra Arndt Audra A. Arndt & Associates, PLLC

To pursue a medical malpractice lawsuit, you'd need a doctor's written review & opinion of your situation wherein he/she affirmatively states that malpractice was committed. Only then can you proceed with the filing of your lawsuit. Med mal lawsuits are expensive to pursue and lawyers only take on cases that are worth a lot of money. In your lawsuit, you'd have to prove that the doctor did in fact insert the IUD wrong, which caused the puncture, and that it was not another reason, such as natural shifting, or something wrong with the product and/or your body (this is where the doctor's initial opinion comes into play - they review the case). The cost to have a doctor review & opine on your case costs anywhere from $1500-$7000 on average, unless you could find a doctor to do it for free (I've never heard of a doctor doing it for free), but it has to be a doctor qualified to opine in that area of medicine, such as an OBGYN, or the same type of doctor that handled your IUD (perhaps it was a general practice or family medicine doctor).

The amount of damages you'd be entitled to, if you were successful in your lawsuit, depends on your actual damages - will you be fine in a few months and no longer be on blood thinners? Is that factor unknown, and it may last several years? Are there long-term damages or potential damages that a doctor just can't estimate yet, and will become known over time? Those are examples of factors taken into consideration when putting a value on your case and your damages.

Also, have you looked into switching medications to see if there's something that doesn't make you sick? People always have a duty to "mitigate" or minimize their damages, and if there is something available to you that wouldn't make you sick, and you choose not to do it, then you can't collect damages.

The above information is just a very quick snapshot of med mal law - it's very extensive and is fact-intensive.

I hope your situation improves and that you feel better.

Read more
Answered on 9/19/10, 1:37 am


Related Questions & Answers

More Medical Malpractice Law questions and answers in Michigan