You should consult with a Board Certified Civil Trial attorney who specializes in Medical Malpractice in Miami. That attorney will need to meet with you and review your medical history, obtain your medical records and then have them examined by an expert who practices in the same field as the potential defendant doctor. If you are seriously considering a claim, you should not discuss the care and treatment with anyone other than your attorney as what you say can be used against you should a lawsuit be filed. It would be wise to consult with an attorney and limit any discussions with anyone else. Your attorney will be able to advise you as to what potential expenses will be recoverable should you have a valid malpractice claim.
Disclaimer: The above information is a general legal discussion and is not intended as binding legal advice. No attorney client relationship exists and none should be inferred or implied by this response. You should contact a local qualified attorney for specific answers to your legal problem.
It really depends on Fla Law. Each state is unique. In Maine, you could sue for what they call wrongful birth. In Virginia, there is no such claim.
Call a Fla. lawyer and ask today. Its a sticky case because jurors may not want to award any damages if the child is healthy and you are too.
I think you should look at the consent form that you signed for this procedure. Chances are very high that the form did disclose this known risk of tubal ligation. If you were not given a copy - you can call to ask for one. I would also make sure to get to a high risk specialist.
I will tell you that even if you can overcome the defense of a known risk, a wrongful life case is very difficult because so many jurors have very polarized feelings about birth and abortion. Good luck and check to see if you were advised in writing of this risk.
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