Legal Question in Medical Malpractice in Wisconsin

Tubal ligation

I previously had a tubal ligation to keep from getting pregnant because we cannot afford anymore children...I am now pregnant and feel that something was done wrong to where this procedure did not work for me. Do I stand a chance of a malpractice suit against the Dr. for not doing this properly to keep me from getting pregnant???


Asked on 1/28/03, 2:46 pm

2 Answers from Attorneys

Frank Pasternak Pasternak & Zirgibel S.C.

Re: Tubal ligation

Medical Malpractice cases in Wisconsin similar to yours have been successful. See for example

Wisconsin Court of Appeals decision Fojut v. Stafl.

In all such Wisconsin case, negligence on behalf of the Wisconsin physician must be proven as must your damages.

Feel free to call me or see my web site. Wisconsin Personal Injury Lawyer - Frank Pasternak.

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Answered on 1/29/03, 11:16 am
Jonathan Safran Samster, Konkel & Safran, S.C.

Re: Tubal ligation

I understand that a percentage of women who have had tubal ligations may still become pregnant. There are a number of alternative procedures that can be done to accomplish the tubal ligation. I cannot tell you whether the original procedure was done correctly or not. You should get a complete copy of your medical records from your original procedure and have it reviewed by your current physician. Depending how the original procedure was done, there may or may not be a case of negligence or medical malpractice. There is normally a three year statute of limitations that applies to malpractice cases that requires you to either settle your case or commence a lawsuit or file for mediation, within three years from the date of the potential negligence. The statute of limitations may be extended in particular circumstances, depending on the facts of the case. If you wish to discuss this further, please feel free to contact me directly. I would also recommend that you consult with a number of attorneys to obtain different opinions on the merits of your claim.

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Answered on 1/28/03, 5:57 pm


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