Legal Question in Medical Malpractice in Pennsylvania
pregnancy 10 months after tubal ligation
I opted for tubal ligation as healthwise and financially another pregnancy would be inadvisable. At my preop appt I told my dr my sister had a tubal fail after 3.5years and would like her to burn the ends of my tubes after they were cut. She advised me she would be banding my tubes and that this was a 100% reliable form of ligation¬ to worry. after a month of symptoms I took a pregnancy test it was positive.I am currently raising 2children on $1050 month & do not own a car. I would have to drive30 mins. to get to an obs office I also do not have a home large enough for anotherchild or the financial ability to buy the basics for a baby.I had severe mental health breakdowns with my first2 pregnancies,I am now on anxiety medication that I would have to forego the length of the pregnancy the dr was informed of the serious problems that could result from another pregnancy&child and was advised that I wanted my tubes cauterized to reduce the risk, how likely am I to win a financial settlement to cover the pain, suffering , and substantial expenses that this pregnancy will incur? my surgery was performed on July 5 2005 due to low hcg levels to have had a positive test I would be at least 8 to 10 weeks pregnant
2 Answers from Attorneys
Re: pregnancy 10 months after tubal ligation
FIRST and FOREMOST - This is NOT a medical site. You must consult with a PHYSICIAN regarding your pregnancy, and your prior tubo-ligation.
This site, and the attorneys who participate do NOT dispense medical advice. (even if you occaionally see �M.D.�)
In general, the Rules of Legal Ethics do not favor answering questions phrased as you have, �What are my chances of winning money?�
Occasionally, an attorney on this site who will invite you to call their office if the facts you have stated sound like a case that will interest them.
I would encourage you to look up medical malpractice attorneys in your area if you are interested discussing a malpractice case.
I can only speak for myself as to why I would not be interested in this case. My reason is that, in general, juries will look on the pain that accompanies pregnancy as a �natural� event, and would not be inclined to award money for what they see as �natural�. This might possibly be a different question if this - we hope not - turns out to be other than a normal pregnancy.
I should state that, in general, doctors are not supposed to give �guarantees� about this, or any other procedure, so that this might be an issue you could raise with another attorney, if you decide to pursue a legal action..
Re: pregnancy 10 months after tubal ligation
The Pennsylvania legislature enacted a law a number of years ago which prevents you from recovering the costs of raising a normal child. This law does not prevent you recovering damages for injuries you suffer as a result of the unplanned pregnancy. If you sufferred psychological trauma as a result of your other pregnancies and are on medications that will have to be discontinued, your potential damages include compensation for such suffering as results from this. On the other hand, proof of the guaarantee you claim was made to you may be difficult and the burden of proof that such a guarantee was given remains upon you.
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