Legal Question in Medical Malpractice in California

Tubal Ligation

A few months after my twin sons were born, my doctor performed a tubal ligation. Two years afterward, I became pregnant, and decided to end the pregnancy. The same doctor performed another tubal ligation.

Now, three years later, I find out that I am pregnant yet again!

Given that there is a 1% chance of becoming pregnant, and that I have had two tubal ligation procedures done by the same doctor(each failing), do I have a strong case for malpractice?


Asked on 3/30/06, 7:40 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Tubal Ligation

You only have ANY case for medical malpractice if there has been less than three years from the surgery, and then only IF you can get your current doctor to testify as an expert that the prior treatment 'fell below the standard'. You can't even file without such opinion.

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Answered on 4/05/06, 3:09 pm


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