I had a baby 5 months ago I got on birth control after 6 weeks and a had a blood test done prior to make sure I wasn’t pregnant (even tho I didn’t have intercourse the 6weeks) and I got the nexplanon well shortly after I got pregnant , is there anyway I can press some kind of suit against my OB? the hospitals guess was she implanted the rod wrong and that’s why I’m pregnant .
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Birth control is never 100%… only not having sex is 100%
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No contraception is 100% 
only way to not get pregnant is dont have sex.
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That happens often even with other birth control I think you should have read the risk
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The defense will be that the only 100% guaranteed birth control is abstinence
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You would have to consult with an attorney. But the odds of an attorney taking the case are slim to none. All birth control comes with a warning that it’s not 100% effective.
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Nothing is 100%. That said, I’ve always been told to use a backup method for a certain amount of time after first starting any form of birth control. It takes time to build up levels.
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Unless its proven it was implanted wrong then no you cant. But those arent 100% effective. Theres still a chance you’ll get pregnant. I got pregnant with the mirena. Then it fell out about 3 weeks after he was conceived. Theres a chance it moves or falls out. I never once thought of suing the OB when I found out…
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Yeah good luck with that 
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no birth control is 100%
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As a past nexplanon user, I was told to continue my bc pill for a week before the nexplanon would be at its full effectiveness, obviously I cannot speak to it being implanted wrong, but there is always the possibility of getting pregnant no matter the bc chosen. I wish you the best of luck on whatever you decide to do.
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Is this for real? Abstinence is the only 100% guarantee. There is always a possible chance of getting pregnant if your gunna put a penis in your vagina. Its not your obs fault you had sex. Basic sex ed teaches this, Google does, guarantee your ob told you or it was listed in a paper about the procedure info ffs. I know momma said there are no stupid questions but…
You do know lots of women get pregnant on BC right
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No its because its never 100%! You cant sue someone because your pregnant again 
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Birth controk is not 100% effected its says it in the signed paperwork ur just money hungry
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I had a tubal 6 years ago. Turns out I’ve had 2 miscarriages since. Currently on bc because it failed.
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Please post an update when the lawyer pees their pants laughing.
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It happens, bc it’s not perfect and they even warn you pregnancy is still possible.
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No birth control is 100% effective, everyone knows this. You can’t sue for an unplanned pregnancy 
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No birth control is 100% except not having sex. Sooooo. No you can’t sue.
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I got pregnant on BC the depot shot. Its never 100%. Now if she had caused damage by inserting it wrong you could.
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No birth control is 100%. It even states this on prescription packaging or the consent you signed before having it done. It’s ultimately on you because anytime having sex you can get pregnant. Take it as a unexpected meant to be blessing. You’re gonna spend more money energy and time trying to win something that is going to go nowhere with a lawsuit
I have my tubes tied and been pregnant twice since
Please let us know what lawyer you go with so we can all sue for failed birth control lmao
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Wow, normally I’m pretty blunt and rude on posts but this one I would be upset about as well. I know you’re shocked and you’re probably thinking you don’t want this baby just remember all babies are blessings and this one was really really meant to be! I don’t think you can do anything about it but you can sure try. That’s so weird you got pregnant because that’s like the best birth control out there!
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Lmfao NO! Nothing is 100 percent Come on. Only thing that us a 100 is not having sex
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Even if it was implanted wrong you still can’t sue… I’m sure it happens a lot more than people think… it’s a chance you take unfortunately even tho it shouldn’t happen.
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No birth control is 100 percent effective and it takes time to get through your system. Usually at least a couple weeks to a month. Your extremely fertile after having a baby anyway. Would definately use back up for awhile
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Well if she said they implanted it wrong then yes she can do something about that, if there’s no evidence of that then it’s doubtful anything will happen. No wonder people ask questions anonymously, half of you rip people apart as soon as you get the chance. They’re just asking for advice 
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This is the reason birth control is never marketed as “100% effective” it’s so if you do end up pregnant you can’t sue or “go after” anyone for compensation. There’s nothing you can do about it. The only 100% birth control is abstaining. No sex=no babies.
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Chances are about 0%. To prove medical malpractice you have to be severely disabled or die.
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If you can prove it was installed incorrectly you have a case. Otherwise, all birth control paperwork states its only at most 99.9% effective specifically to protect themselves from this kind of suit.
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You can’t sue the OBGYN. You would have to sue the company. Which you would still lose because NO birth control is 100% effective it’s all on the labels. Only 100% birth control method is abstinence. You just happen to be the small percentage of people to get pregnant on birth control. You can sue but you WON’T win your case.
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Nothing you can do. I got pregnant with my youngest on birth control. It’s not 100% effective
And then if she wanted to terminate, she couldn’t because they’re trying to make it punishable. So a pregnancy she didnt want because she was on birth control. Why are you all laughing.
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I was on BC and got pregnant twice. It’s not 100% effective.
Can’t sue anyone based off a “guess.”
Goodness IAM sure you feel overwhelmed but my thoughts are it was meant to be all my kids are close in age wouldn’t want it any other way I pray you have a good pregnancy
Get a free consultation with an attorney
No birth control is 100% seriously what’s wrong with you, suing a doctor because your pregnant again is not the doctors fault!
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Women get pregnant on all kinds of birth control all the time. It happens, definitely not worth filing a suit. You would lose.
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This baby is a real blessing from God. Everything happens for a reason. There are no accidents. Love this baby and ask God to help you understand why you are to bring this child into the world.God bless.
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Or it is a faulty rod…
Why don’t you ask a lawyer instead. Unless someone on this page is a lawyer. Check it out
You’d just have to consult a lawyer. I suffered major nerve damage in my mouth after a routine wisdom tooth removal 8 years ago, signed the consent after being gassed and roused to sign it and no one would take on a case against him. It’s just part of the risk and unless it’s a catastrophic mess up, like leaving a forcep behind or even death sometimes, you’ll get no where. They’ll have the better legal team and you face paying your legal fees, theirs which are much higher and court costs. I’d look at this as it was meant to be and embrace it then consider a tubal after if you’re done having babies after this one.
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“No birth control is 100% accurate except for abstinence”
I feel you, I really do, but I got pregnant on the pill and was taking it religiously and consistently. Sometimes it just fails.
99.9 percent effective. That’s where the .1% comes in
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…birth control is never 100%
Cant sue your doctor over you getting knocked up.
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Nope probably not. I got pregnant on BC pills and I took them perfectly. No BC method is 100% unfortunately
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The courts will throw this case straight out ! Medical malpractice is so hard to prove !
Isn’t that malpractice? What if it was something else… something for the heart…a hip ect. I realize it’s birth control… but it’s still inside the body. Thoughts? I’m curious
Birth control works on both ends for that 99% accuracy. No condom means you can still get pregnant
They always suggest you use back up contraception when you first get on birth control for this very reason. You likely can’t sue the doctor but good luck with your pregnancy.
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Probably not. I work in a clinic and if they have you sign a consent for that makes it pretty hard to sue them because you’re consenting that you know the risks and you know there is a chance it wont work.
I don’t think asking if she could or should sue is ridiculous. To get pregnant that quickly after getting on birth control is quite ridiculous and unless it migrated you should not have gotten pregnant. The implant is not like the pill she could not have contributed to the bc failing. Although I’m sure the inplant does not say it’s 100% effective leaving room to fail abd protect the company or medical providers against suits.
My mom had me after a tubal ligation. The dr tied one tube and the other side was not a tube. It was a muscle. The tube had grown back, so my mom had two fully functioning tubes. I’d have been really sad to grow up and find that they were so upset over me they sued… I got pg with mirena, so I know it’s a shock, but suing isn’t the answer either.
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Same with me and no not really…nexplanon doesnt really prevent pregnancy…its suppose to prevent the attatchment of the eggs to the womb to become pregnant…you can still release your eggs anf have them meet with sperm and begin the process just usually them sac stem doesnt plant itself…theres no 100% guarentee…i had my implant put in 8 weeks after my childs birth…had to reschedule due to snow but they did an ultrasound and blood and urine test to ensure i wasnt pregnant…went a few months later to my family docotor thought it was maybe a kidney infection with the back pain but turns out i was 15weeks and 4 days pregnant with the implant still in my arm…
If you want to see if you have a case, make an appointment with an attorney that handles this things that has a free consultation.
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just dont have sex
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Probably not. Nothing except not having sex is 100% and they tell you that. They also tell you there’s a certain time to wait for max efficacy.
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You would never win that kind of lawsuit but fortunately you still have options for this unwanted pregnancy.
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Nothings guaranteed. Even tubals they tell you theyre good 5 yrs.
well that’s y it’s not 100% affective their is always a chance its 99.9% affective even of that chance is very slim and if it wasn’t in right you would have known… maybe you should play the lotto lol …
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No. Birth control is not 100%.
Why would you sue over getting pregnant. A baby is a gift from God. If you dont want the baby give it away. Why do people always think about using. Dont you ever make a mistake.?
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Also why it has the disclaimer of only being 98.9 or 99% effective.
And even with ones that are inserted. It states they can fall out, embed themselves, shift , etc.
It’s not 100%. Nothing is, except abstinence. Think we learned that in high school!!
Nothing is 100% against preventing pregnancy. There is a reason they tell you you still have a chance of getting pregnant with it in you.
You probably can’t sue the ob but I’d look into the actual company maybe the rod expired or was defective I’ve read of some breaking or releasing all the hormones at once instead of gradual kind of hard to fight though but could get compensation in some way but yet again very hard to know or prove
No birth control is 100% effective. Are you serious? Lol
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I’m only here for the comments:joy:
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I had the implant it takes 2 weeks to actually work after getting it.
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You signed a release stating knowledge of the fact nothing is 100 % ,sorry. Good luck
You can still get pregnant even if you have the nexplenon… No birth control is 100% there is always that chance, that’s why they tell you to use back up protection… Only birth control that’s 100% is not having sex at all…
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I’m pretty sure before you have the device inserted, there’s a consent form you have to initial and sign that states you are aware of the risks of the device and are still agreeing to insertion despite those risks. One of those risks is device failure. Unfortunately, no birth control is 100% and because of that, you probably won’t have a viable case to even make it to a judge.
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Sure, have fun wasting your time and money.
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Women get pregnant on birth control all the time, it is not 100% effective, that’s why you are told to still use a secondary protection.
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I actually knew someone who was In this same situation only she ended up losing the baby and a lot of blood. She requested her medical records after the ER doctor told her that her IUD had been inserted In correctly. They urged her to contact someone and she found out that this doctor had a history of this happening and she did take them to court.
It will be very hard to prove unless there is something in your records or the ER doctor made notation of it being incorrect. Like others have said no BC is every 100% so it will be hard to go after them but I definitely would request your records and start there .
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People will do anything for $ these days
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No you can not sue all the risk are either told to you or sent home with you every obgyn I’ve been too tells you the risk that’s involved what can happen and that it’s not a 100% also you sign papers when you first go to the obgyn so your case would be thrown out… and yes it will be thrown out even if it wasn’t inserted properly as thats in the risk too if you dont want to have kids only way to successfully do that is dont have sex. Especially after you have a baby. Plus they also state birth control takes time to be active so I’m assuming you had unprotected sex to soon.
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No bc is 100% says that rite in paper work most is 99.9%
No birth control is 100%
Sincerely- the mother of 2 bc babies
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I mean, I was in a birth control that was recalled (this was back in 2011)
And guess who got pregnant on it…yup me. A group of us weren’t able to file any suit, even though the manufacturer messed up, so I imagine you cannot either.
Also when u r start any bc u shld practice “safe sex” for 6-8 weeks to make sure your body has adjusted to bc n its working
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Girl you kidding right?? Nothing is 100% so shut the hell up!!! Money money money no you can’t get anything out of this except a baby
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I am a really high dose of birth control… due to needing a hysterectomy… BUT even if the Dr tells me I can’t get pregnant on it. I surely don’t believe that! Nothing is 
%… you can’t sue your Dr for being pregnant… pull out… wrap it up… protection…
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I got pregnant on paraguard
I have nexplanon and there is a chance of getting pregnant.
I think there is a difference between birth control not being effective and it being ineffective because of someone else’s negligent actions! I’d look into it and if there is definitive proof it was due to the OBs actions, take charge!
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99% effective. Looks like you’re in the 1% otherwise.
Please use proper punctuation! I had to read this 4 times! Birth control is only 99 percent effective! There is always a 1 percent chance that u can still get pregnant. U were in that 1 percent! Sorry!
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Some of y’all are just rude. Poor girl asking for advice. Y’all being rude af.
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Birth control is never guaranteed 100% not even having your tubes tied is 100%.
I almost had to have my marina surgically removed. I was just thankful i didn’t and don’t use it anymore.
Um no birth control is 100%
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Just because the hospital guessed that’s why doesn’t mean that is why. You need to have definitive proof that was the doctors fault.
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Having your tubes REMOVED is 100%
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No, cause they say birth control can and does fail. I got pregnant with twins on the depo shot. After a tubal pregnancy I had both tubes removed. No more babies for this one.
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No birth control is 100% and you are supposed to use a secondary/back up birth control for a while too
So sorry mum. It does fail sometimes. Love to the new baby and many many hugs to you
No you can’t. They tell you before you get it that it’s not 100% effective. For that reason. Things happen.
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Well they do tell you to use back up protection for at least 2 weeks and in the paperwork you sign that nobody rarely reads you sign a waiver saying pretty much the doctor isn’t at fault if anything happens…and I’ve seen many stories on mommy pages I follow that they’ve gotten pregnant while on nexplanon…shit happens 
there’s no for sure way to prove that it was in wrong…it can move around…I’ve had mine for over a year and a half and followed the doctors recommendation of back up and had no problems…I decided to get nexplanon due to my 2 daughters were born 11 months and 2 days apart