QUESTION
Do I have grounds to sue my aunt and doctors and have them reverse what they did?
Asked on Dec 12th, 2013 on Personal Injury - Idaho
More details to this question:
Back in January 18, 2007, I had my daughter and I had signed a paper to tie my tubes. Paper said if done in emergency, I can't sue so even though I signed the paper to tie tubes, I had a schedule to induce that weekend. I had written a letter to the hospital telling them I had changed my mind. My best friend was there every time I told them so they were well aware I had changed my mind and I gave the hospital a copy of the letter. I went and checked the record. They didn't have the letter in my records. I want to know what my options are as when complication arouse in labor, I was rushed into emergency operating room for a C-section and doctor didn't follow my wishes. He came out and asked I signed paper but wrote letter not to tie tubes. My aunt told them she has rights and she makes all medical decisions. She told him to tie my tubes and she is not my next of kin. The doctors did what she said, not what I wanted. My best friend told her she was wrong and told doctor that as well. They didn't care. I am 33 years old and I want another baby and now I can't have any more. Do I have grounds to sue them and have them reverse what they did?
7 ANSWERS
Ronald A. Steinberg
Are you married? Who is supporting all of these children? Are you on welfare? I don't want to support your kids. When you can support them, then you pay to have the procedure undone. In the meantime, if you were to give birth after about 35 years old, there is a darned good chance that the child would be retarded. I don't want to support your kids whether or not they are retarded. You have them, and YOU support them. If your aunt went to probate court and was appointed to act on your behalf, then she would have the right to do what she did.
Answered on Dec 19th, 2013 at 7:18 AM
James Eugene Hasser
You very well may have grounds. Seriously consider consulting an experienced medical malpractice lawyer.
Answered on Dec 19th, 2013 at 7:18 AM
If all this happened in 2007 it is much too late to file suit.
Answered on Dec 19th, 2013 at 7:17 AM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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In Florida, there is a statute of repose that prohibits claims from being brought against doctors more than 4 years from the date of the negligent act. I have had clients in the past who had reversals of tubal ligation, so it can be done. Consult with a good infertility doctor.
Answered on Dec 19th, 2013 at 6:09 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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No. there is a 3 year statute of limitations so it makes no difference what you said or did 6 years ago.
Answered on Dec 19th, 2013 at 6:09 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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There may be some discussion as to what statute of limitations would apply, assuming that you have a cause of action. Regardless, I would expect that any applicable statute of limitation would have expired well before now. At the time all this happened, you were an adult and you knew what was going on, so there is no excuse for not having taken action earlier.
Answered on Dec 19th, 2013 at 6:08 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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I believe it is too late and the statute of limitations has run. However, each state's statute of limitations is different, so it won't hurt for you to talk with a local malpractice attorney.
Answered on Dec 18th, 2013 at 10:17 PM