QUESTION

How would I go about finding out if it is medical malpractice, if I got pregnant after having my tubes tied and got pregnant?

Asked on Jul 17th, 2012 on Medical Malpractice - Alabama
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1 ANSWER

Catastrophic Injury Attorney serving Roseland, NJ at John J. Ratkowitz
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You should a local medical malpractice attorney (one in your state). Medical malpractice attorneys work on a contingent fee basis, which means they only get paid out of the proceeds of the lawsuit if you win. They provide free initial consultations. Sometimes an attorney will ask you to pay a "retainer" to cover the some of the expenses of a case, this is an issue that varies from office to office.  The question will be whether you have a financially viable case. If you give birth, you may have a cause of action for wrongful life, but that depends on whether your state allows such a cause action. Most states do not. If Alabama does not allow a wrongful life case, or they do and you terminated the pregnancy the damages in the case will be limited to the pain and suffering associated with the costs of the terminating/carrying the pregnancy. In my view, I would question whether the case was financially viable under these circumstances.  Below are some articles that you may find helpful. Although they are written for my clients in New Jersey, most of the concepts carry over to other jurisdictions. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This article discusses the issue of financial viability.  Click here for an article that explains what you can expect when filing a medical malpractice case.  Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com  
Answered on Jul 17th, 2012 at 10:26 AM

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