Legal Question in Medical Malpractice in Pennsylvania
Tubal Ligation
After I had my second son, I experienced extreme post- pardon depression and was hospitalized for 1 month. After I came out, I made a decision not to have anymore children, so I made a appointment with the doctor to have a tubal ligation done. The doctor assured me that 100%, I would not have anymore kids. Well I did and she is 2 months old. Now I'm having financial problems as well as depression again. Do I have a case against this doctor, since he knew the depression I had and he 100% assured me that I wouldn't be able to have kids again.
1 Answer from Attorneys
Re: Tubal Ligation
The damages recoverable in these cases are in general limited to medical expenses of the pregnancy and any pain and suffering associated with complications directly related to the pregnancy and delivery. Depression is serious but in general self limiting. Therefore, any recovery in such a case even if one establilshes improper sterilization technique. Would be limited.
You may have difficulty securing representation from experienced practicioners for that reason.
Be mindful of the statute on limitations since any claim filed more than two years after you knew or should have known you were pregnant and the tubal had failed could be barred forever.
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