Legal Question in Medical Malpractice in California
tubes tied
if hospital ties my wifes tubes and she still gets pregnant is hospital liable
I only ask because we allready have 8 kids
3 Answers from Attorneys
Re: tubes tied
It is, I believe, a known risk that sometimes such surgeries don't work. I believe that the male partner also should take responsibility to prevent pregnancy, as it is a partnership.
Re: tubes tied
Your claim is for medical malpractice against the doctor. The lawsuit has to be filed within one year of discovery of the malpractice, i.e. learning of the pregnancy. You have to prove through medical experts that the operation was performed negligently, and that you have suffered legally recognized damages. Medical malpractice cases are seldom settled, and if at all, only after filing and proving you have a strong case and are willing and able to take it to trial. IF you meet all those criteria, feel free to contact me to discuss the facts, risks and costs.
Re: tubes tied
Not necessarily. Liability is based upon medical negligence, and most likely, if at all, it would run to the doctor that does the surgery, not the hospital.