Legal Question in Medical Malpractice in Pennsylvania

Re: Tubal Ligation

You need to see an attorney to discuss your legal rights. There are many questions that need to be answered before a proper and informed answer be given. Please feel free to contact me to set up an appointment.

Re: Tubal Ligation

Though meaning no disrespect to Stanley, this forum is not intended for meaningless solicitations. His answer is obviously a stock paragraph that he pasted in, and as a Pennsylvania lawyer, I'm embarrassed.

You can't get real legal advice over the internet, and I agree that you need to consult a lawyer, but I can identify some of the issues you should be aware of:

PA has a 2-year statute of limitations. You said you had the ligation "about 2 years" ago. If you do have a case, it's best to file the lawsuit within 2 years of the procedure. There's a good chance the time would be extended until you learned you were pregnant, that's called the "discovery rule."

BUT, after 2 years has passed since you learned you were pregnant, it will be IMPOSSIBLE to bring a suit, no matter how strong your claim would be (well, technically you can file a lawsuit, but 99.9% certain it would be dismissed as untimely).

The case could be tough. PA has a statute against "wrongful life" claims, so assuming the child is healthy, you probably can't claim damages for the costs of raising the child. You might be able to claim damages for your own suffering and complications during the pregnancy.

The good news is that there are plenty of lawyers who would be happy to look at your case, review the facts, and decide if they are willing to proceed, and they won't charge you anything because such cases are handled on contingency.

BUT TIME IS RUNNING OUT. IT TAKES TIME to evaluate and prepare a med mal case. Many lawyers, for good reasons, are reluctant to get involved in a case, even if it might have merit, if the statute will run soon, so the message is, you've gotta get busy.