Can You Take Legal Action For Birth Control Complications?
An injury from birth control could result in various complications, including infertility. After suffering a complication, you might have a right to seek financial compensation from the liable party. If you believe you have a valid claim against a party due to complications suffered from taking birth control, here is what you need to know.
What Type of Injury Is Possible?
As with other medical treatments, birth control can sometimes cause side effects. For instance, a birth control injection can lead to appetite changes, nausea, and weight gain. However, when a complication occurs, it can have a significant impact on the health and emotional well-being of the person using the birth control method.
The injuries that can occur from using birth control can vary. Some injuries can include infertility, significant hormonal changes, and overstimulation of the ovaries. In some instances, an injury can prove to be fatal.
Can You Sue?
Birth control injuries are generally regarded as a medical malpractice or product liability issue. As such, you can take legal action against the person or company that is responsible for your injuries. Whether you are successful depends on the details of your case.
To act, you must prove that the birth control is at fault for your injuries. Proving this can be challenging. The responsible party could argue that another factor in your life is the cause of your problems.
For instance, if you are claiming that using birth control led to infertility, the insurance company of the manufacturer could argue that a past condition, such as sexually transmitted infection, caused the infertility.
If you are unable to directly link the birth control to your complication, you could have trouble with winning your claim. Working with a personal injury attorney could increase the chances that your case is winnable.
Who Should You Sue?
Whether you hold your doctor or the company that is responsible for manufacturing the birth control depends on your case. For instance, if the doctor gave you a birth control injection after it was recalled, he or she could be responsible.
However, if the injection was unsafe and the manufacturer was aware of this and did not issue a recall, you could file a claim against the company. You could even hold the company responsible even if it was not aware of the safety issue but should have been.
Talk to an attorney, such as from Bennett & Sharp PLLC, soon after experiencing complications to learn more about your chances of winning a claim based on your injuries.