Legal Question in Medical Malpractice in North Carolina
Bilateral Tubal Ligation
I had a bilateral tubal ligation done Dec 21, 2007 and I just found out I'm pregnant. The doctors and the nurse's that I seen told me that somebody messed up. What can I do?
1 Answer from Attorneys
Re: Bilateral Tubal Ligation
This presents a claim for what is sometimes called "wrongful life" or "wrongful conception." The first issue will be whether the doctor committed negligence (i.e. breached the standard of care). One would normally assume that he did breach this duty because you became pregnant, but the procedure may not be 100 percent reliable even if done according to the standards. The next issue would be your damages. North Carolina probably allows you to recover damages in this situation. These cases are rather complex, and you should seriously consider seeing a medical malpractice attorney in your area.