QUESTION

I had a tubal ligation surgery done years ago. Recently after an ER visit I was told one of the clips came undone, and have migrated. Can I sue?

Asked on Jul 26th, 2018 on Medical Malpractice - New York
More details to this question:
i want to know if I can sue. I am scared, that I could get pregnant. My husband and I can not be sexually active, and its causing issues with our family.
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1 ANSWER

Civil Rights Law Attorney serving Rockville Centre, NY
1 Award
You likely have a good case either against the doctor and/or the manufacturer of the clip. I am guessing this was a Filshie clip, manufactured by Cooper Surgical, which has recently had a large number of claims against it for detached clips, which can cause many medical problems, in addition to rendering the tubal ligation ineffective, creating fear of pregnancy and necessitating another surgery.  If the surgeon improperly attaches the clips they can detach, and there is also a question of the product being defective, since the detachment has happened with some frequency. A review of your medical records is needed to determine whether you have a case. Keep in mind that the statute of limitations to start a lawsuit for medical malpractice is 2 1/2 years from the date you discovered the clip was detached and 3 years for a products liability claim against the clip manufacturer, which also runs from the date you discovered the detached clip. 
Answered on Aug 06th, 2018 at 10:43 AM

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