Getting a "settlement" will not be easy. The doctors insurance policy requires that all cash reimbursements of this type be reported. And then they either raise the rates or drop the doc, so the doc is highly unlikely to help you out. The many offer to redo the cycle for free or whatever, but frankly this was such a huge mistake that I would not use that doctor again under any circumstance. Unfortunately it is not medical malpractice, just a mistake. There is a big difference legally. Also I suggest Resolve or another board, b/c people here seem to delight in being mean. |
Not only that, but I know when we started at each of the two clinics we used we signed long waiver forms that included detailed descriptions of what could go wrong. While a doctor can't get you to waive a neglected claim, they can set up their defense that you were aware of the risks by including that in the disclosure part. OP, I feel for you. We had something similar happen where it was clear to us that a doctor made a mistake and neither he nor the next doctor would admit it, they both doges and dodged the question. It costs us a year of wasted treatments that had no chance of success. |
| Very sorry OP. I would sue just to get a settlement since they won't want to take it to trial. You can use the money for other treatments if you need it. You might also consider doing PGD testing since you have so many embryos and your body has already been through a lot. It would help narrow down the embryos to only those that are viable. sorry again |
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op here. On saturday I was monitored and told I had 30 follicles. On sunday they retrieved 53 -I asked the nurse how that was possible and she just said it had something to do with not being able to see all of them because there weRe so many.
Right now I just want to heal and can't even think about transferring as I am in so much pain from where they made the incisions. I am also not thinking or considering Suing -I think someone else brought that up -but we are not interested in going that route. We will hear on Friday how many made it to day 5 and then afterwards figure out where and when we'd like to transfer our embryos to another clinic. |
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Incisions???
Also, for those who keep suggesting a lawsuit, etc. Medical lawsuits can be emotionally unbearable. The OP has said twice (if not 3 times) that they do not wish to go this route. |
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Unfortunately expecting the doctors to take any sort of 'accountability' is almost impossible - even more so when they've made a mistake - since they protect themselves with waivers about understanding risks, quickly cover anything that could lead to liability and generally others in the profession back them up... It stinks, it's not right, it's not fair, they are playing with the biggest decisions of your life, your health and your dreams of having a child... But if you push it, it just leads to hostility - and in most situations they can and do end up 'dumping' patients and saying we think you'd be more satisfied/happier/whatever working with someone else... So, unless you are seriously willing to throw in the money, time, effort to go through with a lawsuit and full on PR war, I wouldn't expect any apologies or acknowledgements... I'm really sorry you went through this -- and it's hard to then focus on what your next steps and options are right away -- assuming the goal is what are your next steps on the pathway to having a child. You have some decisions like stick with this RE and/or figure out process of moving to another RE with your genetic materials. Understanding the status of your embryos and the best advice for transfer etc. Understanding the status of being able to produce additional eggs with one ovary (which are generally good) as necessary, etc.
I did at one point in our process calmly raise with a doctor a 'mistake' he made during our process (not calling it a mistake but using language about something being compensatory for the issues caused by x/y/z) - and he waived one fee in the IVF process - but didn't give me back the time/energy/etc, lost. It is hard to continue to trust doctors after something like this - and realizing that the science around a lot of fertility is still pretty much a guessing & adjustment game for the doctors -- the best you can do is steel and educate yourself (things like reading the actual medical journal articles on the issues and ACOG practices/procedures). |
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I'm a lawyer. Skip the lawsuit. Contracts they have you sign are drafted so they can get out so it's just emotionally draining. You'd have to gather recs on lawyers, schedule to meet with lawyers before you hire one. Not worth it. Take the cooperative tone until the very last and you recover and emotionally. If you still think suing is in your best interests then, you can take a hard stance or start a lawsuit then. You can do this even a year later. If you want compensation, tell them to refund any monies paid and or pay for your embryo transfer or next cycle with a different doc.
Your embryos are safe. They can't refuse to release your embryos to you even if you get them mad. It's not their property so no lawyer of theirs will advise them to withhold them from you. |
| Why did they make incisions? That raises a red flag to me. |
Yes this. I follow a youtuber going through IVF and she recently had a cycle cancelled for this reason. OP's doc really dropped the ball. |
I think you should hold off on deciding to transfer your embryos to another clinic until you know how many make it to day 5. Take it day by day. So sorry this happened to you.
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I am not the OP, but she has incisions because her ovary contorted and had to be surgically removed. They obviously had to cut her to do this. |
Right. No point in suing as you'd have signed the consent forms. Take rest, get well soon and decide what to do after you have day-5 report. |
| Sorry but there is nothing to sue for. It's a possible complication especially with PCOS. Her doctor didn't drop the ball, he triggered her with Lupron which does a great job of suppressing OHSS as OHSS is driven by HCG. It's unfortunate for OP, but it happens. Infertility treatments are not life saving treatments. |
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I am so so sorry. Infertility and IVF are so hard and painful anyway. Add doubts about the care you are getting, and losing a part of your body... it's just all to much.
You need to make sure YOU are okay. I'd suggest making an appointment with Dr. Owen Davis at Cornell as soon as possible. Maybe explain the situation, and see if they could get you in to see him as you are healing. I think you need x-rays, an exam, etc., to make sure the surgery was done correctly, and to make sure there aren't any other issues caused by this cycle. And it needs to be done by someone who isn't involved in the original cycle. Dr. Davis is one of the best, if not the best in the business. We went to him and he explained some screwy stuff our original doctor did and it was a big help. Dr. Frankfurter at GW is also a wonderful doctor locally, and it helps that he's associated with GW if you need any ongoing care. I wish you healing and luck, OP and husband. |
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For those talking about the doses being high, I was taking that much and git 6 eggs. They thought they were going to get about twice as many but had to retrieve and only that many were ready.
Sometimes it's a crapshoot. You can go from 20 good and 20 close and 20 not in the running to 50+ Ready to go in 36 hours sometimes. |