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.


Asked on 12/19/02, 7:51 pm

2 Answers from Attorneys
Arthur Newmark Arthur Newmark, M.D.. Esq

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

Read more
Answered on 12/20/02, 3:58 pm
Scott Diamond DIAMONDLAWYER

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.

Read more
Answered on 12/20/02, 10:10 am


Related Questions & Answers

More Medical Malpractice Law questions and answers in Pennsylvania