Hi all,

This is my first time posting to any message board within these groups, so please let me know if I have violated any protocols.
I have been searching all over to see if any has any issues that relate to myself, medical induced infertility. I am looking to see if any knows if there is any recourse and monetary action - lawsuit that I would be entitled to, to help with adoption costs as my DH and I are planning on adopting. Here is my story and I hope maybe there is someone out there that may know what my rights are and a laywer who would be willing to help us.
At the age of 18 my right ovary was removed due to a cyst that grew and damaged it, I am 42 now. Every year I had my yearly checkup and normal cycles and was assured that even with 1 ovary I could become pregnant. At the age of 34 I went off birthcontrol so we could conceive a child and after 3 1/2 years I was still not pregnant. My obgyn, suggested and performed a dye test, (dye induced into female organs to be able to see insides, not sure of the medical terminology now). She found that the tube to my one and only remaining ovary was plugged. She suggested an exploratory through the belly button, and gauranteed my DH and myself that we would conceive because she would unblock the tube. Prior to this surgery, she did a hormone (FSH) blood count and all was fine. Immediately after surgery, my FSH skyrocketed over 110!!! (normal is like 7 - 15) somewhere around there and after surgery I never had a cycle again!!
That was in May 2000, 2 1/2 yrs later. Do I have any rights?!! The doctor never ever even indicated once to myself or DH on any even slight risks especially infertility. She told us over and over that she gauranteed we would conceive. I found out after the surgery that I was a higher risk for infertility because I only had 1 ovary and that sometimes laser exploratory surgery does have standard risks. I feel these risks should have been disclosed to my DH and myself and other choices but she never disclosed anything!! If she told us the risks especially with me and 1 ovary, we at least could have made our own choices and we could have decided to try IVF. But because she made the choice for me in gauranteeing our conceiving after this procedure, did not disclose the risks and did not let us decide between risk of surgery and IVF I could never have a biological child!! I went into immediate menopause and was very sad to learn that what that meant is I do not have anymore "good" quality or quantity of eggs left, she destroyed them!! I tried to get a malpractice lawsuit but a medical group and lawyer told me that it would be difficult to prove. Does anyone know what the statue of limitations is for lawsuits? I would like to sue for anything. Non disclosure of risks - seeing that mine were not the standard risks and she did not tell us. Lose of constitutional rights because she did not tell us other choices such as IVF which now I can't even try that! What about personal injury or negligence anything I can sue for to get sometype of monetary payback to help with the cost of our adoption. Not too mention that going into menopuase that young I have been told by many doctors is very bad, osteoporosis, mood swings, hot flashes... Any help would be greatly appreciated.

Thanks Reddeco101

Hello.

I am sorry for your lost. I know it is difficult with having to deal with infertility with little to no notice and no options left once you find out.

Each states laws are different on malpractice. I would suggest you look in the phone book for a legal aid office that gives cheap or free legal care. Or, you could try finding an attorney who works on a contigency basis which means he only gets paid if he wins for you.


Good luck.

Angel

Reddeco101

I am truly sorry for what you have gone through. I will tell you that even after going through the same procedures you did and not having to face many of the same things you did I still was never told they guarenteed me I would get pg. They told me it would greatly improve my odds, but never that it was definite. Your dr was wrong for stating that if they did. As to lawsuits I would suggest calling the legal aid in your area to see if you would be able to, it could be that since it wasn't part of the normal risks you may not have much to stand on there. As far as funding goes what type of adoption are you interested? There are some creative ways to raise funds. I even went into my HR department one day and suggested they offer funding assistance with adoption because it could save them money and after giving them additional info they did start offering $5000 towards it. Good luck.