QUESTION
Can I sue the doctor if my wife got pregnant after her tubes were tied?
Asked on Sep 13th, 2011 on Personal Injury - Delaware
More details to this question:
My wife got her tubes tied, but got pregnant. Can I sue the doctor?
10 ANSWERS
General Civil Trial Practice Attorney serving Beaverton, OR
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Vincent J. Bernabei, LLC
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You and your wife may have a valid claim if the surgery was not done correctly. How long after the surgery did she get pregnant?
Answered on Jun 25th, 2013 at 1:03 AM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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It depends on timing. When was the tubal ligation? When did the pregnancy begin? The standard of care would include a warning about belated eggs or other reasons for occult ovulation.
Answered on Jun 25th, 2013 at 1:02 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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You need an opinion from a doctor stating that the doctor who tied her tubes was negligent. The doctor will need all of the medical records.
Answered on Sep 15th, 2011 at 7:36 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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Ye, you can. It's called a wrongful life or wrongful birth case.
Answered on Sep 14th, 2011 at 11:49 AM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Only for the expenses you incur which are out of the ordinary expenses which you wouldn't have incurred given a normal birth.
Answered on Sep 14th, 2011 at 7:20 AM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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In all likelihood she was told that the procedure is not 100%. You may have a difficult time finding an attorney to take this on contingency unless some expert doctor can review the records and testify that the job performed was below the standard of care for this type of surgery.
Answered on Sep 14th, 2011 at 5:27 AM
Your wife should be the lead plaintiff in the litigation. Consult with a plaintiff's medical malpractice lawyer for legal advice.
Answered on Sep 13th, 2011 at 3:46 PM
Business Attorney serving North Andover, MA
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Law Offices of Andrew D. Myers
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No. No suit. (1) This is called a 'wrongful life' claim. The courts have said they will not entertain such suits. (2) Prior to such surgery the physician/surgeon informs the patient that his is one of the risks of the surgery, i.e., the result is not necessarily 100%.
Answered on Sep 13th, 2011 at 3:24 PM
Personal Injury including Litigation Attorney serving Wilmington, DE
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Ramunno & Ramunno, P.A.
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Yes, but it is a complex mix of medical and legal issues.
Answered on Sep 13th, 2011 at 3:10 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Pregnancies occasionally occur after tubes are "tied" and I do not think this is negligence of the doctor. Drs are not guarantors of success. If you can prove the doctor was careless and did not do the procedure right you might have a claim but you are not likely to be able to do that.
Answered on Sep 13th, 2011 at 3:10 PM