Do I have a case?

Asked about 1 year ago - Brawley, CA

I had a tubal ligation done in march 2012 and found out I was pregnant on October 2012 I didn't want anymore kids so I went through an abortion which has been very emotional to me! I went through another surgery for the failure of my first ligation and this doctor showed me pictures and told me that the previous doctor only operated on one tube and left the other one untouched that was the reason I got pregnant. Now do I have a case? I don't know what happened to the doctor that he didn't even do what he was supposed to do!

Attorney answers (4)

  1. Christian K. Lassen II

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . Most states don't recognize this claim, but call a lawyer in your state to check.

  2. Ajay Mohan Kwatra

    Pro

    Contributor Level 15

    Answered . I think you may have a case of malpractice. Do not wait to call someone, as you may have only 1 year or less from the date you discovered your "injury," to bring your law suit.

  3. Marc Edward Stewart

    Contributor Level 16

    1

    Lawyer agrees

    Answered . Many states have a rule that says a plaintiff cannot sue for "wrongful pregnancy" or "wrongful birth." So it is difficult in those states to bring a claim wherein you argue that a doctor botched a hysterectomy and your injury is that you became pregnant. The justification for these rules is that the law doesn't wish to "discourage" the creation of life.

    I am not licensed in CA so I do not know how your state treats this issue. I recommend that you speak to a local medical negligence lawyer and find out how California deals with it. Hurry. The CA statute of limitations is just 1 year. After the deadline passes, your claim is forever waived!

  4. Thomas J. Turner

    Contributor Level 10

    1

    Lawyer agrees

    Answered . The law in most states will not allow a suit for a "wrongful pregnancy" that results from a failed tubal ligation. Consult with a medical malpractice attorney in your area.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

27,195 answers this week

2,824 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

27,195 answers this week

2,824 attorneys answering