Do I have a malpractice case if I had a tubal ligation in December 2009 and then got pregnant?

Medical and dental malpractice claims are, by their nature, very difficult. Under California law, it is necessary, before filing suit, to obtain an affidavit from another professional, verifying that he has reviewed the medical charts and has found that there was negligence. This can cost several thousand dollars, and most attorneys expect that the client will cover this cost. Negligence could be defined as the failure to use REASONABLE care; not all bad outcomes are the result of negligence. You should also be aware that there is a cap on the amount of recovery for pain and suffering, thanks to the doctor lobby. Sometimes one has a good case theoretically, but the damages are too small to warrant a suit.

It will take the opinion of a medical expert to answer that question. Medical malpractice lawyers typically have such experts available. Consider consulting one. Good luck.

As an experienced malpractice attorney but not a doctor, I understand that sometimes a tubal ligation does not work completely. So you need to consult with an OB/GYN who can review your records and determine if your ectopic pregnancy was due to malpractice or to Mother Nature. If the doctor agrees that it was malpractice, and will testify for you, then you can pursue the case. A bad result does NOT prove that malpractice occurred.

See an attorney, but chances are no, as this is a known possibility.

No. There is no guarantee. Doctor should have told you that.

You need to see attorneys who handle medical malpractice cases to see if you have a case that is worth pursuing. No surgery is guaranteed to be 100% successful so they might conclude that there was no malpractice.

Extremely doubtful. Statute of Limitations in Florida for professional negligence(malpractice) is 2 years, unless there is fraud by the doctor in concealing his malpractice, then it is 4 years. You are beyond both.