Legal Question in Medical Malpractice in Pennsylvania
tubal ligation/ectopic pregnancy
I had a tubal ligation done in June of 2003. This was after I had my second child, which was in April 2003. In Sept. 2004 I had an ectopic pregnancy and had to get emergency surgery. My question is do I have a case being that it was only a year since I had my tubal done, and the Dr. that did my surgery didn't inform me that this could happen? I have read that it could happen after 5 to 10 years if the tubes grow back. Could my tubes have grown back that fast?
1 Answer from Attorneys
Re: tubal ligation/ectopic pregnancy
The problem you have in Pa. is that the standard for determining whether informed consent has been given is an objective standard rather than a subjective standard. The claim will be made that a reasonable person in your circumstances would have had the sugery anyway.
There may have been negligence in the performance of the proceedure. However the mere fact of the pregnancy doesn't prove negligence.
It sounds like you have made a good recovery and even if a legitimate claim exists the damages may not justify the cost of the investigatiion and the risk of loss.
You should discuss with an experienced lawyer in your locale.
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