Ladies Would You Pursue This Lawsuit if You Were Me (Genital Disfigurement from Planned Parenthood)?
September 9, 2009 by admin
Filed under after tca peel
I contracted condyloma (commonly referred to as genital warts) from a sexual assault. I went to Planned Parenthood for treatment. I inquired as to what treatments they had available and the medical assistant suggested that I do a TCA peel. I asked if it could cause any complications and she said "No." While the nurse was performing the procedure, I asked her whether there were any risks. She replied "No, I’ve never seen anyone have any problems from this."
After the procedure, my labia majora turned dark grey for a week. Afterwards, the skin severely sagged 2 inches. For lack of a better term, it has a ‘camel toe’ appearance and I cannot wear a bikini without worrying about the huge buldge in my private area.
At the very beginning of the metting with the medical assistant, she asked me to sign a form. I was naive and quickly signed, because I was so incredibly nervous and embarassed. It had this line in it. "I have been given information about the test(s), treatment(s), procedure(s), contraceptive method(s), to be provided, including the benefits, risks, possible problems/complications and alternate choices."
However, because both the medical assistant and the nurse told me there were no risks, I believed them. How am I to know that the clinician has thouroughly told me all of the risks when I have no idea what the risks were? I had no idea what a TCA peel even use. I had no idea it was going to sting so bad and hurt for two hours after the procedure.
I am having surgery in about 3 weeks. My surgeon has taken pictures of my genitals and they look absolutely disgusting.
Should I consult with an attorney? What are my chances?
The surgery is going to cost $5000. I am a full time college student with no employment. (Involved in many volunteer positions and school organizations so I have no free time to work.)
Could I get Planned Parenthood to compensate me for the surgery?
Ignorance: We agree for once! Yes, they indeed only gave me that general consent form. You have stated that they should have given a specific form for the TCA peel and the specific risks. I agree entirely. I am calling a medical malpractice attorney tomorrow. If it goes to a trial, I don’t think a jury would be satisfied with that bogus, ‘catch all’ consent form.
To win a case against them your attorney will have to prove one of three basic things.
1. Did the service provided to you lack that of someone with the same training and experience.
2. Did the person performing the proceedure perform something that they were not liscensed or certified to do.
3. Did the person performing the proceedure cause intentional pain.
I would say that you have a good case for the simple reason that depending on what state you were in a medical doctor or at least it should have been done by someone with the title DOCTOR. Otherwise I would strogly say that the person who performed this proceedure on you was working outside of their scope of practice. If that is the case…you have a suit against the organization and the person who performed the proceedure civially.
You might have signed a consent form, but you signed it under the implied consent that the person performing the proceedure had the legal right to do so and it doesn’t sound to me as that the person did.
Also, your attorney could ask for a copy of your medical record. In that copy more than just the signed consent must be present, meaning whatever supposed information containing the risk they made you aware of should be printed somewhere and it should be dated. If it is not then your attorney can simply say that you were made aware of no side affects as none were stated. I would also ask to see the creditionals of the person who performed the proceedure and check to see if other complaints had been filed against this person with the state liscensing board. I would make sure that I filed such a complaint.
Civil trails are a gambel and are up to a jury, but I think you have a good case. Women who are victimized as you were aren’t thinking clearly many times when they sign consent forms to begin with and often just want the whole incident and every sign from it gone quickly. You could even say that you were still tramatized and naive and therefore not of true sound mind when you signed it. Planned Parenthood should know this and take propper percautions to get you the support you need and make sure that you understood everything about what was happening with you. Good luck
i doubt you can do anything at this point because you signed a medical waiver form before they did the procedure.. i would call an attorney if i were you just to see if you even have a case
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I will pursue a lawsuit definitely!!! Your stance is simple. you were given information about the risks and that there were no risks. Get an attorney to send a letter of demand first.
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I would speak to a lawyer immediately. Have your surgeon give a statement about how bad the damage is and what will have to be done to repair it.
If it were me, I would speak with an attorney.
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Oh wow. That is terrible. I’m so sorry you had to go through all of that. Personally I think they should not only pay for your surgery, but pain and suffering as well. You did sign the document, but them not telling you the actual risks would be a valid reason to pursue the lawsuit. I would talk to a lawyer and tell them to give you their honest opinion on if this would be worth suing over. Once again I am so sorry for this terrible situation you are in. Good luck and I hope things work out for you. <3
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I would say go see an attorney that has a free first time visit and consult with him about what you explained and get reports from your surgeon saying that was the cause of what happened to you about your private area and also say that when you did ask the planned parent hood about the risks tell them exactly what they told you and see if you have a case.good luck to u and I hope you have a case and win it.
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The document you signed may just override any verbal testimony you give. You signed the consent form. Any procedure that requires a consent form requires that form because of the fact that there are risks that go along with it. If there were zero risks there would be no reason for the consent form.
Being naive or ignorant to something is not an excuse that stands up in court, unfortunately.
You should definitely consult with a lawyer, but honestly, I don’t know if you will have any legal standing because of that consent form.
I’m sorry this happened to you, good luck.
*ETA: There are no "surgery specific" consent forms used in most medical facilities - it would cost too much money for them to write up specific ones for every possible procedure. They are all generic and they just write in the procedure name at the top and say the same thing. This is standard practice.
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RN, OB
I’m no expert on surgery or anything, but clearly there are risks to every medical procedure..especially on such a..sensitive? area. That’s terrible what you went through and you should definitely consult a lawyer!
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To win a case against them your attorney will have to prove one of three basic things.
1. Did the service provided to you lack that of someone with the same training and experience.
2. Did the person performing the proceedure perform something that they were not liscensed or certified to do.
3. Did the person performing the proceedure cause intentional pain.
I would say that you have a good case for the simple reason that depending on what state you were in a medical doctor or at least it should have been done by someone with the title DOCTOR. Otherwise I would strogly say that the person who performed this proceedure on you was working outside of their scope of practice. If that is the case…you have a suit against the organization and the person who performed the proceedure civially.
You might have signed a consent form, but you signed it under the implied consent that the person performing the proceedure had the legal right to do so and it doesn’t sound to me as that the person did.
Also, your attorney could ask for a copy of your medical record. In that copy more than just the signed consent must be present, meaning whatever supposed information containing the risk they made you aware of should be printed somewhere and it should be dated. If it is not then your attorney can simply say that you were made aware of no side affects as none were stated. I would also ask to see the creditionals of the person who performed the proceedure and check to see if other complaints had been filed against this person with the state liscensing board. I would make sure that I filed such a complaint.
Civil trails are a gambel and are up to a jury, but I think you have a good case. Women who are victimized as you were aren’t thinking clearly many times when they sign consent forms to begin with and often just want the whole incident and every sign from it gone quickly. You could even say that you were still tramatized and naive and therefore not of true sound mind when you signed it. Planned Parenthood should know this and take propper percautions to get you the support you need and make sure that you understood everything about what was happening with you. Good luck
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For being nervous and embarrassed you memorized that line well. That could not be the consent given to you to sign for the procedure. The consent has to state the procedure at the very least before you sign. They have concents for the pill, patch, IUD so Its hard to believe it so happened you went to one who has such a generic form!
I think you have a good case if you get together with
Bright possibilities
Tina K
Annie
Maria
Bella Vita
Rachel
Give me some hope
Since they are all your other alternate accounts and sue them under all those personalities
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