Posted by Stacey on 11/30/05

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I had a laparoscopy in March 05 with the thought that I
had endometriosis. My Ob/Gyn performed an ablation without
consent(ALL the forms did NOT list that procedure ANYWHERE)
As a result- I cannot have anymore children. I was 31
years old when this happened. I remarried 3 years ago and
my husband and I were going to untie my tubes and try to
become pregnant after 4 years of marriage.I contacted an
attorney and the insurance company came back with a $20k
offer and then up to $50k where they say its there last
offer. They are basically admitting battery, but will not
even acknowledge that I could have had more children.
Their expert will testify that I would not have conceived
anyway...... I had pre-eclampsia with my son who was born
9 years ago, that is their basis for their decision. By
the way, I had NOTHING wrong with my female organs from
the surgical findings-no endometriosis. My gut is telling
me not to take the $50k and push on to litigation, but I
am confused. My attorney just left a very prominent
practice to start his own private practice and my concern
is that I have the wrong attorney. I am thinking that this
is a quick $12,500 (he lowered his fee to 25% if we would
go ahead and settle), but I feel like I am being screwed -
The settlement agreement has all this legalize about no
wrongdoing on his part etc... and I feel like an idiot for
pursuing this. It is not about the money - If were to be
awarded the cap of $350k it would not be enough money to
change my life. I would still work everyday. It is the
thought that he could do this to someone else and that I
am left sterile because he screwed up. I always had the
possibility of Invitro but no I have NO uterus. I had
asked for $125k enought to pay $100k for a surrogate and
$25k for the battery and I was told by my attorney that is
when they offered $50k. HELP Thank you!!

Re: Med Malpractice- Insurance wants to settle HELP, 12/01/05, by Stacy.

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