QUESTION

What can I do being pregnant 2 & 1/2 years after my tubal ligation?

Asked on Nov 28th, 2016 on Medical Malpractice - Tennessee
More details to this question:
I am going in on Dec. 5th to get my final confirmation, ultrasound & blood work, but I got my tubes tied after having my daughter because I knew we couldn't afford anymore children. I was reassured that this wouldn't be a problem & that my procedures went perfectly. I just need to know what my best options are.
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1 ANSWER

This is not an easy question to answer so I will cite you to  Smith v. Gore, 728 S.W.2d 738, a 1987 Tennessee Supreme Court case. Therein, a patient brought action for wrongful pregnancy against physicians who had performed failed tubal ligation, university hospital and manufacturer of sterilization technique, seeking damages for emotional distress, loss of income, expenses of rearing child to majority and punitive damages.  The Supreme Court  held that: (1) common law and statutory law placing responsibility for support of minor child on parents precluded recovery of otherwise foreseeable expenses of rearing normal, healthy child from defendants; (2) damages for medical expenses, pain and suffering, and loss of wages during pregnancy, delivery, and some period of postnatal recovery were recoverable upon proper showing; and (3) damages for emotional distress or mental anguish were recoverable for period extending from discovery of pregnancy until termination, upon proper showing.    
Answered on Nov 29th, 2016 at 3:10 AM

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