Legal Question in Medical Malpractice in California
failed tubal ligation
i'm a 34 year old mother of 5 kids.i had a tubal ligation done during the c section of my 5th baby last jan 25 2006.all my kids were born c section and my last 2 pregnancies are high risk.i only had one fallopian tube coz my left fallopian tube was removed since 2001 when i had an ectopic pregnancy..They tied and cut a portion of my right fallopian tube during the c section of my 5th baby.but last december of 2007 i found out that i'm pregnant again andi'm on a high risk.my doctor said i might have to deliver the baby a month earlier than my due date coz i can't go full term..i'm on my 5th month of pregnancy right now and i'm having a hard time.i am so scared about what's gonna happen to me and the baby since i am on a high risk..can i sue the naval medical center for their negligence since they didn't inform me more about the failures of tubal ligation and what should be the best way and 100% way of not getting pregnant again?i tried to talk to some lawyers about my case but nobody wants to handle it.can i file a case even without an attorney?
2 Answers from Attorneys
Re: failed tubal ligation
I agree with Me. Roth.
This is hard to predict, but you have a very questionable case.
Good luck!
Re: failed tubal ligation
You can, of course, file without an attorney. But, I don't advise it. Medical malpractice requires the outlay of a lot of cash for expert testimony. And its tough to prevail. Yours is really a lack of informed consent case. The argument is that had you been informed you would have continued taking precautions to prevent pregnancy. But, unless you or your baby suffer severe injury, the case is a wrongful life case. Very tough to argue before a jury.
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