Legal Question in Medical Malpractice in Pennsylvania
Vasectomy
I had a vasectomy more than a year ago. I signed a sheet saying it was not guaranteed to work. They said a 6week check and one year check would be made to determine the effectiveness. My wife is now almost 20 weeks pregnant. Do I have any type of case against the doctor or against the FDA for them not requiring a report of failure for public knowledge? Thanks.
2 Answers from Attorneys
Re: Vasectomy
PLEASE READ MY DISCLAIMER:
http://md-jd.com/med-mal.html#disclaimer
What you describe has been termed a "wrongful life"
case.
Technically, you could pursue a malpractice case,
but you will find that it will be difficult to find an attorney to pursue this because your damages
will be limited to items such as the costs of
hospitalization for the pregnancy and whathever
time off work your wife may have to take for the delivery. It is possible, but not well settled that
if the child ends up having substantial medical bills due to a birth defect, that this may also
be an element of damages.
However, overall, the small amount of damages recoverable would probably not justify pursuing this
case.
PLEASE READ MY DISCLAIMER:
http://md-jd.com/med-mal.html#disclaimer
Re: Vasectomy
you may have a case if the procedure was not done properly. You may also have a case if the testing was not properly performed.
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