Gagnier v. Wichelhaus

OPINION

SAM NUCHIA, Justice.

This is a medical malpractice case where plaintiff, Debra Murphy Gagnier, sued defendants, Harlan Wichelhaus and MacGre-gor Medical Association, for not discovering she had an IUD (intra-uterine device) in her uterus during treatment for infertifity. The trial court granted summary judgment in favor of defendants. We reverse and remand,

BACKGROUND

Plaintiff began using an IUD for birth control before 1974. She underwent an abortion in 1974, and her doctor told her the IUD was no longer in her uterus. In 1994, plaintiff and her husband began trying to conceive. After…