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Advice:
Should I sue my old doctor?
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So, I have a rather long story here. Ultimately, I want to know if I should sue my old doctor.

In October of 2009 I had a Paragard IUD put in. In February of 2010 (4 months later) I started vaginally bleeding. I didn't stop; I bled every day until February of 2011.

In June of 2010, my old doctor did a surgery to 'look around.' I was concerned I had endometriosis (it runs in my family) but he said it was 'exploratory.' He found mass on the outside of my uterus and hiding behind my liver/kidney area. He removed it, but didn't biopsy it or send it out to make sure it wasn't cancerous (cancer runs in my family too).

In October of 2010, I was STILL bleeding. He put me on Lupron Depot (so Lupron and Progesterone) as well as putting me on the Depo Provera shot. I was also put on Celexa around this time to help with the mood swings.

I got CRAZY SICK. I had chemo-like side effects to the Progesterone and Lupron; my skin turned yellow, my teeth decayed (I developed such a bad Vitamin D deficiency, my body broke down the enamel for vitamins), and I lost all my hair. I was so physically weak my husband had to carry me around the house because I couldn't walk. I also gained 80 pounds.

In January of 2011, I decided I didn't want to take the last dose of Lupron. I had been in and out of the hospital, had lost all my hair, and was wheelchair confined (for the most part). I was concerned it was more than just endometriosis because I was still bleeding daily. In a fit of rage my doctor 'quit' and said I needed to see someone else because he just couldn't handle me. He tried to tell me it was all a mental issue. It was his belief that I needed to go to the Mayo Clinic or Cleveland institute (which should have given me a red flag).

I ended up seeing a new GYN. He was HEATED that the first doctor put me on Lupron because I had been bleading so abnormally, the progesterone WOULD have aggrivated it. You are NOT supposed to put someone on Lupron Depot when they are bleeding that frequently. He thinks it may have made the endo WORSE.

In February of 2011, my new doctor took out my IUD (because Paragard CAN cause abnormal bleeding). I stopped IMMEDIATELY--- I mean, that very day I stopped.

So, essentially, I was put on Lupron and Progesterone for NOTHING. I should have had the IUD taken out before any treatment (according to my new doctor) because the IUD causes an imbalance to begin with.

Because the Lupron and Progesterone were so incompatible with me and the endo (as well as my abnormal bleeding) it killed my uterus. It is covered in adhesions-- the muscles in my pelvic region spasm (which didn't start before the Lupron) and have been so bad my muscles now feel like leather; I can not control my abdominal muscles at all- they moved less than 0.04 of a micrometer when I tried to mentally make them move. My muscles are so shot I now urinate on myself, and the spasms are now PERMANENT.

Ultimately, the Lupron/Progesterone seems to have made things worse. I am now facing the possibility of being in a wheelchair, because endometriosis is a progressive disease. There is no way to fix what has been done; he damaged my body and I can't get it back. I can't have more kids. I am only 25.

I was meeting with my mental health therapist today (I recently started therapy) and she was aghast when she found out what happened, but was even more concerned I HADN'T taken him to court. I am now in therapy because even though I am no longer on Lupron or Progesterone, or the Depo Shot, OR the IUD, I can't walk without assistance from another person, my husband has to carry me up/down stairs, and my spasms are so bad my abdominal muscles are shot (I have issues sitting for any amount of time, and standing is worse). I make it day to day because I take about 400mg of Tramadol a day (8 50mg tablets) and 30mg of Flexeril (10mg tables) a day.

... I guess I had never really thought about suing him, you know? I assumed he did what he thought was in my best interest, and from my understanding Lupron seems almost normal for the endo. HOWEVER, I now realize I shouldn't have had the Paragard IUD at all (he didn't insert it though), and that he should have removed the IUD because it causes an imbalance in hormones, rather than treating me for the imbalance (if that makes sense). My therapist is arguing that while he may have thought that was in my best interest, he was just a GYN and NOT a specialist; he specializes in perimenopause and menopause itself-- he had no real qualifications to be treating me. He should have sent me to someone who knew it better, or specialized more in the abnormal bleeding department. Because the damage is permanent and can't be fixed, it is my therapist's opinion that I deserve some form of financial compensation.

I will admit too, that I can't work. I can't be home alone by myself anymore because if I walk too much I pass out. I have to have help showering because my spasms get so bad my legs shake and give out on me. I can't run, I can't walk more than 10 feet or so, and I can no longer care for my own 2 year old. I can't have more kids; I will most likely need a hysterectomy, though it wouldn't solve the endo (because it was on my kidney), but because my uterus is just that far gone. I am applying for disability, but haven't gotten it yet. Also, I fell back in January (while on the treatments) and fractured my tailbone. The old doctor told me it was 'just a side effect' yet was QUICK to dump me the minute I asked him if it might be from my IUD (which was in January when he quit).

Granted, the bleeding did stop, but I am now in menopause. I should have started a period in April but my body is in such an imbalance it went and swung the other way (most likely from the Lupron/Progesterone). My new doctor thinks my body literally FED off of the medications, because I was on so much at one time (Lupron, Progesterone, the Depot Shot, the Paragard IUD, Celexa, and Tramadol for pain) things cancelled out.

I guess I just don't know what to do. I don't think my new doctor would testify because Lupron/Paragard IS normal for endo, it just wasn't SUITED for MY case (if that makes sense). Now that I know the IUD caused the bleeding, and know that I am confident he should have known to take it out FIRST (especially because the copper creates an imbalance and inflames the lining of the uterus) I feel he deserves some kind of reprimand. Maybe my therapist is right- since it isn't his speciality, he never should have treated me. He should have sent me to someone else and said it wasn't his real field.

I don't know what to think. What do you ladies think? What would you do? Would you sue?

I don't want a long drawn out court cast; I am not physically well enough to do it, though my therapist believes they would settle out of court. Since I can't work, and can't function without assistance she seems pretty convinced he deserves what's coming to him. I am stuck on the idea though I think he did what he thought was right, though I agree if it wasn't his field, he shouldn't have treated me.

So... tracking back a little, would you sue? What would you sue for? Malpractice? Incompetency? Do you think a lawyer would actually take my case? If my new doctor doesn't want to say anything (because it is something used to treat my illness, even if it wasn't necessarily right for me), do I even have a case? If you think I have a case, how much would you try to sue for?

I promise though that I am not sue-happy. If you don't think I have a case, please say so. I am genuinely at a loss here.

Sorry for such a long post!
Posted on 07/22/11, 10:06 pm
8 Replies Add Your Advice
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Advice:
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Reply #1 - 07/23/11  5:09pm
" Wow! Wow! Wow! I'm very very shocked by your situation! I'm very sorry that you had to go through all of that and bear through it all!

But, you have a lot of reasons there to be compensated! It's more than just incompetency on this doctor's part, but negligence!

But, you have been through a lot! I think it's a pure shame this doctor didn't listen to you! This doctor also didn't practice the first principle of the Hippocratic oath: Do No Harm!

First thing first: Get all your records from this doctor! You want to know what was he thinking?!?!

And, you never mentioned exactly why you were on IUD. Was it because of heavy bleeding or because you didn't want to have children at the time? And, hopefully you can go to a trusting endo specialist that can treat you. I think the hardest part right now is knowing who to trust with your body after all of this, because that's exactly what I'm going through. "
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Reply #2 - 07/23/11  10:11pm
" I do not think you have a case. I'm playing devils advocate here but truly feel for you. Yes, we do like to think we can trust our doctors and everything they say but we are responsilble for making the final decision for us. Not saying you did anything wrong. The key to dealing with endo is research, research, research. There are so many dif things used to treat endo and different ones work differently on each of us. After being on lupron it can take a while for your period to come back in some people. Have your tried pelvic floor therapy? It may be able to help the spasms. It has helped me and a few other ladies here. You can ask your gyn about it and he/she should be able to refer you.

Again I am very sorry all of this happened. I do think it is free to have a consultation with a lawyer to see if you have a case. It takes awhile to get disability if you are approved. They deny everyone the first 2 times. Each time you get a denial, go back and apply for a reconsideration. Take it all the way to the point where you get a hearing from an administrative law judge. You have to make sure you have all your medical records conseridering everying you've been through. And each time you reappy for disability make sure you right the same exact thing on the papers. Make copies of everything you submit to them. I applied for it and after 2 female attys said I did not have a case (prob because i looked normal and put together in spite of being in horrible pain and taking 1-2 800mg motrin 3-4 times a day) I went in front of the admin law judge by myself and pleaded my case. And I won. He would be disabled for a closed period of time... which was 3 yrs. That money lasted me until i was able to work full-time for the first time in 6 yrs. Don't give up. All they can say is no.

I wish you luck and hope your new doc can help you.
Lisa "
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Reply #3 - 07/23/11  10:27pm
" I think the first step is to get a free consultation with a lawyer. I don't think you have a case with lupron but maybe with the iud since the dr in question didnt remove it and once it was removed your bleeding stopped. but I would think you would need cooperation from your new dr on that. best to find a lawyer bring a list of questions to ask at the consultation make some phone calls to find out for sure that it is free. I am so sorry all of this happened to you I hope you are able to heal but make a promise to yourself research if any dr recommends something research google whatever but do your homework because you must be informed to make the best decisions for yourself. "
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Reply #4 - 07/23/11  11:35pm
" I'm a little confused. Were you put on Lupron (with add back therapy of progesterone) on top of Depo Provera while you had an IUD? What was his reasoning for doing that? And, what was his reasoning for not removing the IUD? "
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Reply #5 - 07/24/11  11:57pm
" I appreciate you ladies taking time to read through all of this and give me your response.

Whyme- I did try pelvic floor therapy; my pelvic muscles are shot- they feel like leather. When I was told to tense them, they moved .04 of a micrometer (which isn't noticable to the human touch- it could literally have just been moving from my breathing). The therapist gave up on me because my muscles are so messed up and I can't control them. She can't strengthen a bond that is not there. She also felt bumps on the inside, she said may have been new endo growths. I was sent back to my doctor with a note saying I'm not a good candidate.

Peppagrl- yes, I was on Lupron Depot (with the Progesterone as an add-back therapy) WHILE I was on the Depo Provera shot WHILE I still had my IUD in. I requested my IUD be taken out SEVERAL times but he wouldn't do it. He told me he would worry about that AFTER he got the bleeding stopped, and kept telling me I shouldn't worry either because the Paragard is 'non-hormonal' it doesn't have anything to do with what is wrong (those were his words to me).

I originally got the IUD because my husband and I didn't want kids soon, because I was going to be going to law school. I can barely walk now, and can't stay awake for more than 3-4 hours before I am exhausted again. Law School isn't really a possibility at the moment. It may never be now. :\

I don't know his reasoning for having me on so many things at once. My husband was with me at almost every appointment and he couldn't figure it out either. He would get CRAZY crappy and start snapping at me. When he finally quit on us, he raised his voice to both my DH and I. He was so mad that there was spit flying out his mouth. He then proceeded to tell me that nothing was wrong with me (despite the fact I was still bleeding AND despite the fact he had removed endometrial mas), and that it was all in my head. He tried to tell me I wasn't on enough Celexa and that I was psychosomatic.

So... apparently I can make myself vaginally bleed at will. :P The Celexa was more for the mood swings than anything; when I was on everything at once (the IUD, the Lupron, Progesterone, and Depo Provera) I needed a stabilizer. I was having such bad mood swings and hot flashes that I was getting fevers of over 101 (farenheit).

I don't know... is it that uncommon? Have any of you been on Lupron/Progesterone AND something else (like Depo Provera or an IUD)? "
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Reply #6 - 08/02/11  8:44am
" Im only 18, so clearly I don't know what you could sue for and win and what you couldn't, but I definitely think you should find a lawyer to talk to that specializes in these sort of cases.

For the record, I don't think you sound sue happy at all. If you cant work, thats money gone that you could have had, and if you cannot take care of your son, thats money for daycare that you might not have had to pay, plus hospital bills, etc. You need help taking care of the problems that he created and the doctor needs to learn a lesson. "
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Reply #7 - 08/02/11  11:44pm
" I dont have any specific advice for you Ombre , but it doesn't sound right tha you were on lupron , progesterone , an iud and DEPO !! Wow -- just doesn't sound right at all !!

I hope you feel better and get some answers . "
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Reply #8 - 08/03/11  8:35am
" Wow! Did your doctor ever once tell you why you are bleeding in the first place? "

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