Legal Question in Medical Malpractice in Florida

malpractice?

My sister had a tubal ligation back in 2006; well she was suppose to have had one. In less than 2 years she found out that she was pregnant again, with her fifth child. Her doctor reaction was just that of amaze. She decided not to abort because it is against her beliefs and refused adoption after bonding with the child through prenatal care. Well during her pregnancy she moved to another county and found another doctor and during the c-section her doctor told her that one end of her tube had been tied, clipped, and burned. While the other had not been touched at all. My sister actually have a picture of all of this on camera. If she is unable to sue for malpractice because the baby is born healthy, is there anything she could sue for something being that the job was done incorrectly. I think the Dr. is at fault for not doing anything to the other end of her fallopian tube. She loves her daughter, but it is very expensive to raise kids. She already had four, which is why she got her tubes tied. Thanks


Asked on 5/26/09, 11:42 am

2 Answers from Attorneys

William Gwaltney William W. Gwaltney, Attorneys at Law

Re: malpractice?

It is possible that your sister has a claim, but without all of the facts it is not possible to determine what claim or claims she may have.

Your sister can feel free to call my office to schedule an appointment, and I would be happy to discuss the matter with her.

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Answered on 5/26/09, 11:49 am
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: malpractice?

In Florida you cannot sue for a healthy baby as you describe the facts.

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Answered on 5/26/09, 12:43 pm


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