Surgical Lawsuit in Montgomery County

Anonymous v. Medstar Health, Inc.

appendicitismalpractice This is an IUD insertion surgery malpractice lawsuit filed against an OB/GYN in Montgomery County. It was filed in Health Claims Arbitration on April 24, 2017 and it is the 192nd medical malpractice lawsuit filed in Maryland in 2017.

Summary of Plaintiff's Allegations

A woman goes to her longstanding OB/GYN at MedStar Health to discuss birth control options. The defendant doctor strongly urges an IUD placement. Prior to the surgery, the defendant does not order any imaging studies to confirm the positioning of the woman's uterus. The procedure is performed by the defendant at MedStar Health OB/GYN.

After several weeks of experiencing cramping, pain, and discomfort, the woman has a follow-up visit with the defendant. The defendant conducts an exam and cannot locate the IUD. The defendant orders a pelvic ultrasound that shows the IUD has been misplaced. The woman undergoes surgery to remove the IUD; however, the IUD is not located during the procedure. After the surgery, the defendant states the IUD was placed incorrectly, failing to account for the woman's retroflexed uterus.

The woman continues to experience chronic pelvic pain and discomfort. A CT scans reveals the IUD has cut through the uterine wall. The defendant recommends a second operative laparoscopy.

During the second surgical procedure, the IUD is still unable to be removed. The defendant determines that the IUD is lodged in the back wall of the uterus and requires either a hysterectomy or a third surgical procedure. The woman discontinues treatment with defendant and seeks additional medical advice.

Additional Comments
  • OB/GYN's are taught how to place an IUD during their residency. It is also critical to verify placement of an IUD. There are two major methods to verify properly placement of an IUD. Most typically, the doctor examines for the presence and length of the IUD strings some weeks following placement. The more advanced method is verifying placement with a pelvic ultrasound. In this case, that latter was not completed.
  • An IUD is inserted into the uterus by a doctor. The modern IUD was developed in the 1920s by Dr. Ernst Grafenberg. IUD was widespread by 1950. Sales plummeted when birth control pills were approved by the FDA in 1960. For those who do not know, an IUD is a small, T-shaped plastic device. It has one or more strings attached to the bottom of the device. These threads protrude from the uterus into the cervix and vagina.
Jurisdiction
  • Montgomery County
Defendants
  • MedStar Health, Inc.
  • Montgomery General Hospital, Inc.
  • An OB/GYN
Hospitals Where Patient was Treated
  • MedStar Montgomery Medical Center
Negligence
  • Improperly inserting an IUD in an upward-facing direction
  • Failing to confirm or account for the positioning of the uterus
  • Failing to retrieve the lost IUD
Specific Counts Pled
  • Negligence
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