Introduction
There’s been never-ending litigation in the US in regards to this particular birth control implant known as Nexplanon. This litigation can be very delicate to navigate, and lawyers must always consider things from a medical and a legal point of view. This article explains the Nexplanon cases, the practices in the medical record case, and how legal professionals can benefit from such insights.
What is Nexplanon?
Nexplanon is a type of underlying hormone that is released into the woman’s upper arm to enable controlling pregnancy. This in turn prevents ovulation as etonogestrel is released which is a synthetic variation of progesterone. However, despite being medically approved as a good form of contraception, many women using it are reporting various side effects and complications, some severe.
Key Features of Nexplanon
- Duration of Effectiveness: Up to three years.
- Insertion Procedure: A minor surgical procedure performed by a healthcare provider.
- Common Side Effects: Irregular bleeding, headaches, weight gain, and mood changes.
Common Injuries and Complications Associated with Nexplanon
1. Insertion Injuries
There is a risk of malfunctioned insertion of the nexplanon device, for instance. Nerve Damage which further develops into chronic pain or numbness and in turn possibly leads to Vascular Injury leading to severe blood loss or even hematoma.
2. Migration of the Implant
Migration of the implant essentially refers to the movement of the surgically-placed Nexplanon implant from its fixed position It may result into a few complications including an increased chance of infection in that area, and challenges while removing the implant during procedures.
3. Hormonal Side Effects
Hormonal therapy could probably expose the patient’s body to thromboembolic diseases, suffer permanent damage to existing psychological conditions, among other effects that might be quite damaging to the individual.
Legal Implications of Nexplanon Lawsuits
1. Grounds for Lawsuits
Several lawsuits can be filed in case of Nexplanon such as gross negligence by the medical practitioners, who may not perform the task of insertion properly, accompanied by lack of communication with the patients. Other cases may include failure to warn patients of the possible side effects thereby not discharging the manufacturers’ obligations.
2. Statute of Limitations
Understanding the statute of limitations is crucial for attorneys. In most states, the time frame to file a lawsuit ranges from one to three years from the date of injury or discovery of the injury.
The Role of Medical Records Review in Nexplanon Lawsuits
1. Importance of Medical Records
Medical records are vital in establishing a timeline of events, treatment protocols, and patient-provider communications. A thorough review can uncover:
• Informed Consent: Treating patients after providing them with adequate knowledge of risks as well as saying whether the patient accepted the risks.
• On-going Conditions: This includes making sure that any other pre-existing condition is documented as this may have contributed to the complications aggravating.
2. How Medical Records Review Companies Assist Attorneys
Medical records review companies specialize in analyzing and summarizing medical documentation. Their services include:
- Identifying Relevant Records: Locating and organizing pertinent medical history.
- Expert Analysis: Providing insights into standard care practices and deviations that may indicate malpractice.
Case Studies
Case Study 1: Insertion Injury Leading to Nerve Damage
Overview: Following insertion of the nexplanon, a 28-year old woman developed severe pain and numbness in the arm.
Challenges: According to the health care insurance company, the patient was suffering from a pre-existing condition and therefore it was not their responsibility.
Solutions: A case review of medical records suggests that there is a dearth of documentation on the nature of the inserting technique, as well as the extent of consent obtained before the procedure.
Case Study 2: Migration of the Implant
Overview: A Nexplanon implant changed its site in a 32-year old woman and she decided to sue her doctor after a Surgery for removing it was carried out for her.
Challenges: The manufacturer blamed the user for the migration of the implant.
Solutions: Detailed information obtained from all the medical records emphasized that the device was placed at a wrong site, a problem that made it to migrate.
Current Statistics and Trends (2024)
As of October 2023, Abbot’s ceaseless reports concerning Nexplanon, concerning adverse events, cases of insertion related injuries and instances which are hormonal in nature have to be noted. These include new patterns of cases whereby there is an explosion of lawsuits against health care providers and the manufacturers, and this explains why there should be intensive scrutiny of all case notes.
Conclusion
Nexplanon lawsuits are fused with a number of complex. And hence the attorneys have to grapple with the medical as well as legal issues concerning the client. This kind of assistance in litigation creates a platform for the lawyers to pursue their clients more powerfully and satisfactorily in the court. This article presents few of the recent trends and pointers which can aid in the anticipated Nexplanon related litigations in the changing environment – hope to see you in court.
