The answer to this question is not clear cut. It depends on what the pathology report says. It is true that if the tubal ligation was performed negligently you would have a cause of action in Louisiana for what is known as a "wrongful life" type action. These cases can be challenging because we must convince a jury that having another child is a "burden and hardship." Some potential jurors may never agree that having another child is burdensome.
If you can contact my office and get me the medical records, specifically the pathology report, we would be happy to provide you with a free consultation and evaluation to determine whether you have a case under the particular circumstances of your case. My phone number is 504-309-5000.
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