Legal Question in Medical Malpractice in California
Pregnant after tubal Ligation
I had a Bilateral tubal ligation done on the day that I gave birth to my 3rd child.(2005) To my surprise 15 mos later (2006)I found I that I was pregnant, I requested my pathology report & confirmed that the doctor missed one of my tubes and of course he failed to advise me. The report says: �Final Diagnosis�: �Fallopian Tube, Segment Left (Tubal Ligation): �Fibrovascular tissue, no fallopian mucosa identified (see note)�, �Note: The specimen has been section at different plant, but no fallopian tubal mucosa is observed. The finding was discussed with Dr.... ***I am so devastaded because I can not believe that someone who I trusted my life to could do this! all he needed to do was tell me that the surgery failed and I would have taken care of myself or had it redone. having a 4th child has greatly impacted our lives emotionally, economically & has caused a tremendous amount of financial stress and suffering. I love my son to death and am greatful for him, but he deserves a better quality of life. Can you please advise me what if there is anything I can do?
3 Answers from Attorneys
Re: Pregnant after tubal Ligation
You may well have a "wrongful life" medical malpractice case. But, you must act before one year passes (in California) since you were advised you became pregnant otherwise the stature of limitations will cut off your rights. (If you are in another state you will have to check the statute of limitations in that state.) If one year has not yet passed, hire a lawyer now to serve a 90 day notice of intent to sue. This will extend the running of the statute of limitations for 90 days while the attorney looks into the matter further and determines the strength and value of your case.
Re: Pregnant after tubal Ligation
IF the tubal ligation was done in CA, and if you discovered the problem and malpractice within the last year, you could file a malpractice action in CA. That means that once you got pregnant, you were at least on notice of "a" problem. At the latest, the one year limit probably runs from date you were told of the failure of the tubal ligation. You snooze, you lose. Feel free to contact me if you are within the time limits and serious about pursuing this.
Re: Pregnant after tubal Ligation
Wrongful life is a possible but difficult case. Though with the knowledge the doctor had and failed to advise makes it a better case. Obtain your medical records and contact me.
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