Certain cases of medical malpractice are more straightforward than others. A Chicago medical malpractice attorney who has spent any amount of time working in this area would likely appreciate the difference between some types of case where negligence is clear and others where it may require a significant amount of more evidence to prove. The harm in each case may be just as severe, but the process of proving the misconduct on the part of medical professionals is different.
For example, some of the clearest cases of malpractice are those involving medical objects left inside the body of a patient. As reported in the NV Daily, that appears to be what happened according to a new medical malpractice lawsuit filed by a woman who claims that a doctor left a Mirena inter-uterine device (IUD) inside her body. The IUD is a birth control piece of equipment. According to the recently filed complaint, the woman had the device inserted in September of 2006. Over the next year the woman warned her doctor that she had not expelled the device, even though she had developed a left ectopic pregnancy that required treatment.
Unfortunately, the doctor did not utilize any imaging technique or otherwise try to locate the missing IUD device. Over the course of the next few months the woman suffered pain in her abdomen that required significant treatment. However, throughout that time the doctor did not conduct any tests that would have revealed that the IUD was lodged in the woman’s abdomen. The woman continued to suffer pain, but her doctor told her that it was caused by scar tissue and nothing could be done. She was told to “deal with it.” Eventually, over three years later, the woman she as rushed to the hospital for severe abdominal pain. A basic CT scan found an IUD device floating in her abdomen. She eventually underwent surgery to have the device removed.
Unlike other situations, in this case, if the allegations in the complaint are true, then it is hard to see how negligence was not involved in the treatment of this woman. IUDs do not naturally become stuck inside a person’s abdomen. They are a specific medical device that has a specific medical purpose and need to be removed when that purpose is no longer filled. However, in this case, the device was not only left in the patient, but her specific concerns about its location were ignored by the medical professional.
Each Chicago medical malpractice attorney at our firm would be able to explain how this case and those like it are very clear cases of malpractice. Some problems can be caused by both natural occurrences as well as medical errors. Other problems are cause almost exclusively by medical mistakes. This incident seems to be indicative of the latter. As a result, the victim was smart to contact a legal professional to learn how her rights could be protected. By holding the negligent professionals involved accountable, the woman can be sure that she will receive redress for her losses as well as protect future patients from similar misconduct.
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