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depo shot-Can I sue my doctor?

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Can I sue my doctor for failing to give me a pregnancy test before my first depo shot, and again for my second? I am now pregnant and looking at having an abortion.
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replied May 8th, 2011
Supporter
It depends on whether or not you can prove that his negligence resulted in the pregnancy. This hinges on the date of conception. If you were already pregnant on the day of your FIRST injection, then you might have legal grounds to sue. But if you became pregnant after that, I don't think the doctor can be blamed unless you were late in getting the second shot.
I was on the depo shot and was only required to have a pregnancy test when I first went on the shot. If I had not taken a succeeding shot on time, I would have also been required to be tested.
Bottom line is that Depo is not 100% effective- no birth control is- so it is possible that you were administered the shot as directed but still became pregnant. Also, a pregnancy test is not 100% effective either. If it were early in the pregnancy a false negative could occur, in which case a doctor could unknowingly administer a shot to a pregnant woman. I don't think he/she would be responsible in this case either. It is simply a risk that users take.
Sorry I can't be more helpful.
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replied May 20th, 2011
Not only frustrated with depo I'm equally frustrated with my doc
Seeing this I feel I news to share my story. I am 33 mother of 3 boys. I had been off of my shot for 1 year when I decided to go back on it. Basically I had been off of it since my ex husband and I split up. About a year later I met someone and decided I needed birth control so I turned to my ever so trusty companion depo. I have been of and on it for 13 years and never had a problem until now. I know for a fact when I got my first injection I was not pregnant because it had been 18 months since I had sex (at the time my youngest son was 18 months that's how I know how long it was because my ex and I never did anything after I had him). My ob/gyn of 9 years that has delivered all of my children wrote me a prescription for the depo and informed me that his office does not give the injection I will have to self administer it at home. I did not realize that if you get your shot either on your period or within 5 days you had to use back up for at least 2 weeks I had always been told it took 24 hours to kick in and you are safe. On January 6, 2011 I gave myself the shot hoping and praying I was doing it right. My last period before hand started December 21, 2010 so that would have meant I got the shot the week of ovulation. I started having sex with my boyfriend the next day with no back up thinking I was safe and before anyone says it no I was not worried about std's I have known this guy all my life we grew up together. In late February I began getting sick at my stomach at the time I chalked it up to a stomach bug that was going around. It is now May and I seem to still be trying to catch that stomach bug. In mid to late march I started having what I initially chalked up to pms. It was not uncommon for me to experience pms symptoms before a shot is due usually it goes a way a day or two after my next shot. Symptoms were heightened emotions, mood swings, boobs were sore and headaches. No big deal right keep in mind I still am trying to "catch" that stomach bug from a month ago on top of that. April 6 exactly 3 months from my last shot I give myself another one. I did not take a pregnancy test beforehand depo had never failed me before so I honestly didn't think to. 2 weeks later hormones are raging at this point so sick at my stomach I go days without being able to eat anything the smell of food is killing me. Wait a minute I started thinking to myself and it clicked the only other times I have had all of these symptoms like this was when I was pregnant. So I go out and buy an hpt. Negative. So I start researching and find out depo can cause these symptoms though I found it odd that after being on and off of it for 13 years that I would just start having them like this now. So I call my doctor and talk to his nurse. She assures me at this point I've done what I am supposed to do to go out and get a test that picks up 5 days sooner use first morning urine and test again that weekend and go from there. So I did test number 2 faint positive infact after 5 minutes I thought it was negative so I went to throw it away and knocked it into the sink by accident causing the light to hit it just right and I could clearly see the second blue line. At this point I still don't know for certain so I wait another week and test again negative. By this point the symptoms are pretty bad and I see no sign of them going away so I call the doctor again. The nurse has me come in for blood test hcg was a 1 negative. She calls to tell me the dr wants me to come in. By this point I have began feeling flutters in my stomach that at first I thought was just gas I didn't mention this to her because I knew at this point how crazy it sounded. I set the appointment up for the following week on Friday which is today. At this point I'm going out of my mind if I'm not pregnant what else could it be because I am showing literally showing every sign of being about 20 weeks pregnant even in my belly. Eventhough I haven't been able to eat I have gone from a size 10 to a 14 in a matter of a few weeks. I decided to call the local health clinic and speak to a nurse explaining all of this to her. She agrees it sounds like I'm pregnant she even told me to demand an ultrasound when I went in just to be sure it isn't ectopic. Which I'm in no pain so I had not thought about that being a possibility. At this points I am 100% sure I am feeling a baby kick around in there and I told her that and that not only had I felt it but my mom was able to feel the movements too. So today I go into the office to see my doctor, he walks in without doing an exam and tells me it's all in my head I'm not pregnant the shot is 100% foolproof and he recommends I stay on it. I told him no after some of the things I had been reading about the shot that I wanted another form of birth control. He wasn't going to put me on anything else at first but I argued with him and told him I refuse to take that shot ever again. He gave me a sample pack of birth control pills and told me to cone back in October and he would put me back on the shot. My thing is how can he rule out every possibility like cancer, a cyst, a tumor or a number of other things that could be making me do this when he has done no exam and the only test he has done us a urine pregnancy test and hcg blood test. I was furious. I asked for an explanation for the belly with the baby bump and the movements he says it's just gas. I'm a mother of three I think I can tell the difference between gas and a baby kicking. He also said weight gain is caused by the shot which is true but as of this morning I had actually lost 15 pounds since my yearly exam in November. Needless to say I'm getting a second opinion. Not saying I want to be pregnant if I had I wouldn't be using birth control big duh there I just want to rule out anything that could possibly kill me I have my 3 boys to think about and right now I'm all they have got.
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replied May 20th, 2011
Not only frustrated with depo I'm equally frustrated with my doc
Seeing this I feel I news to share my story. I am 33 mother of 3 boys. I had been off of my shot for 1 year when I decided to go back on it. Basically I had been off of it since my ex husband and I split up. About a year later I met someone and decided I needed birth control so I turned to my ever so trusty companion depo. I have been of and on it for 13 years and never had a problem until now. I know for a fact when I got my first injection I was not pregnant because it had been 18 months since I had sex (at the time my youngest son was 18 months that's how I know how long it was because my ex and I never did anything after I had him). My ob/gyn of 9 years that has delivered all of my children wrote me a prescription for the depo and informed me that his office does not give the injection I will have to self administer it at home. I did not realize that if you get your shot either on your period or within 5 days you had to use back up for at least 2 weeks I had always been told it took 24 hours to kick in and you are safe. On January 6, 2011 I gave myself the shot hoping and praying I was doing it right. My last period before hand started December 21, 2010 so that would have meant I got the shot the week of ovulation. I started having sex with my boyfriend the next day with no back up thinking I was safe and before anyone says it no I was not worried about std's I have known this guy all my life we grew up together. In late February I began getting sick at my stomach at the time I chalked it up to a stomach bug that was going around. It is now May and I seem to still be trying to catch that stomach bug. In mid to late march I started having what I initially chalked up to pms. It was not uncommon for me to experience pms symptoms before a shot is due usually it goes a way a day or two after my next shot. Symptoms were heightened emotions, mood swings, boobs were sore and headaches. No big deal right keep in mind I still am trying to "catch" that stomach bug from a month ago on top of that. April 6 exactly 3 months from my last shot I give myself another one. I did not take a pregnancy test beforehand depo had never failed me before so I honestly didn't think to. 2 weeks later hormones are raging at this point so sick at my stomach I go days without being able to eat anything the smell of food is killing me. Wait a minute I started thinking to myself and it clicked the only other times I have had all of these symptoms like this was when I was pregnant. So I go out and buy an hpt. Negative. So I start researching and find out depo can cause these symptoms though I found it odd that after being on and off of it for 13 years that I would just start having them like this now. So I call my doctor and talk to his nurse. She assures me at this point I've done what I am supposed to do to go out and get a test that picks up 5 days sooner use first morning urine and test again that weekend and go from there. So I did test number 2 faint positive infact after 5 minutes I thought it was negative so I went to throw it away and knocked it into the sink by accident causing the light to hit it just right and I could clearly see the second blue line. At this point I still don't know for certain so I wait another week and test again negative. By this point the symptoms are pretty bad and I see no sign of them going away so I call the doctor again. The nurse has me come in for blood test hcg was a 1 negative. She calls to tell me the dr wants me to come in. By this point I have began feeling flutters in my stomach that at first I thought was just gas I didn't mention this to her because I knew at this point how crazy it sounded. I set the appointment up for the following week on Friday which is today. At this point I'm going out of my mind if I'm not pregnant what else could it be because I am showing literally showing every sign of being about 20 weeks pregnant even in my belly. Eventhough I haven't been able to eat I have gone from a size 10 to a 14 in a matter of a few weeks. I decided to call the local health clinic and speak to a nurse explaining all of this to her. She agrees it sounds like I'm pregnant she even told me to demand an ultrasound when I went in just to be sure it isn't ectopic. Which I'm in no pain so I had not thought about that being a possibility. At this points I am 100% sure I am feeling a baby kick around in there and I told her that and that not only had I felt it but my mom was able to feel the movements too. So today I go into the office to see my doctor, he walks in without doing an exam and tells me it's all in my head I'm not pregnant the shot is 100% foolproof and he recommends I stay on it. I told him no after some of the things I had been reading about the shot that I wanted another form of birth control. He wasn't going to put me on anything else at first but I argued with him and told him I refuse to take that shot ever again. He gave me a sample pack of birth control pills and told me to cone back in October and he would put me back on the shot. My thing is how can he rule out every possibility like cancer, a cyst, a tumor or a number of other things that could be making me do this when he has done no exam and the only test he has done us a urine pregnancy test and hcg blood test. I was furious. I asked for an explanation for the belly with the baby bump and the movements he says it's just gas. I'm a mother of three I think I can tell the difference between gas and a baby kicking. He also said weight gain is caused by the shot which is true but as of this morning I had actually lost 15 pounds since my yearly exam in November. Needless to say I'm getting a second opinion. Not saying I want to be pregnant if I had I wouldn't be using birth control big duh there I just want to rule out anything that could possibly kill me I have my 3 boys to think about and right now I'm all they have got.
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replied May 20th, 2011
Sorry didn't mean for that to post twice
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replied October 2nd, 2011
Well I should be able to because my doctor gave me a pg test and it was negative. So she gave me the shot. And three months later I miscarriages I was four months along and lost it! You think I could sue her?
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replied October 3rd, 2011
Extremely eHealthy
No, she did a pregnancy test which came back negative. She did her job by doing the pregnancy test and yes it's possible to have false negatives but she checked and unknowingly gave you the shot.

You can't blame her for giving you the shot, she checked before giving it to you. If you didn't ask for the test and gave you the shot then yes you could sue, but in this case no you can't.
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replied April 10th, 2012
Please read and help me.
Well I have a story of my own and I need help and advice. I am 19 years old, and I have been diagnosed with Venous Insufficiency in my right leg. I was on the Ortho Evra patch for two years and didn't have a problem until now. I figured I should switch my birth control because I would place it on my upper thighs and alternate legs every week. So I decided to go on the Depo Proveria and as little as a couple days I was having problems with it. For some reason I started getting really bad hip pain and it got to the point that it was hard to lift my leg to go up stairs. So I went to the hospital and they said that it was probably inflammation in my pelvis, so they did a pelvic exam and it gave me the worst pain I have ever felt down there, and he insisted that I get checked for STD's, I came up clear, everything thing was negitive, but ever since I got the shot my right ovary has been cramping and its been hurting, I got the shot in the middle of feburary and havent gotten my period until this week. So thats a whole month and a half of not spotting but now I'm finally starting to. Nothing came up in my ultrasound for cysts and it came up okay. But only my right ovary is in extreme pain.....could I have endometriousis? I dont have medical until i get into college this summer so I really dont know what to do, I dont have a job to pay for the bills and or the copay's. Im stuck and I dont know what to do...
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replied May 24th, 2012
negative pregnancy testson depo
Liz I am going through something similar, negative tests even the blood tests. Have been on shot over a year. Are you pregnant?
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