Medical malpractice?... Please Help! Anyones suggestions even if you have no law or medical background?

[jabin20]

Ok, i had implanon (a form of birth control that is inserted in your arm for up to 3 years) inserted in sept 08' after having my daughter. I went to have it removed just over a week ago and discovered it was not there. We had in office surgery and 2 sonograms. I contacted the doctor who "supposedly" inserted it and he said it could have fallen out of the needle before insertion. When he inserted it, he told me he could feel it and i would be protected, same with the followup exam a week later. Is this a case... Him saying i had birth control when he clearly DID NOT do his job (if you couldnt feel it in the beginning you were supposed to do a sonogram right away... If it was not there, put one in place then)? HELP ME! I did fall pregnant a year later, took a hpt with 3 positives, and had miscarried a few weeks later (i believe.. I did not have insurance to go to the doc).

[edin]

Ok, i had implanon (a form of birth control that is inserted in your arm for up to 3 years) inserted in sept 08' after having my daughter. I went to have it removed just over a week ago and discovered it was not there. We had in office surgery and 2 sonograms. I contacted the doctor who "supposedly" inserted it and he said it could have fallen out of the needle before insertion. When he inserted it, he told me he could feel it and i would be protected, same with the followup exam a week later. Is this a case... Him saying i had birth control when he clearly DID NOT do his job (if you couldnt feel it in the beginning you were supposed to do a sonogram right away... If it was not there, put one in place then)? HELP ME! I did fall pregnant a year later, took a hpt with 3 positives, and had miscarried a few weeks later (i believe.. I did not have insurance to go to the doc).

"help me" is not a meaningful question. Figure out what you want to know and then ask that question.

[calin]

What are your actual damages? Are you able to place a cost on them? If you are, most likely an attorney could settle out of court with the doctor to cover your actual medical costs if you still have documentation. Beyond that, it seems like quite a weak case. Just being very honest in a court system that is full of tort cases much more serious than this. Lawyers like to take cases where there are serious injuries they may argue to gain the sympathy of a jury if it ever goes to trial and where huge sums may be involved since they work on a percentage basis of the award, about 33%. If damages are very small and the acts of the doctor were not outrageous or notorious in their performance, it is a weak case and difficult to find an attorney to take it. That is the honest truth and I hope it helps even though it may not be what you wanted to hear. You may sue in any case...but the fact that you may sue does not mean you will ever receive even one cent.