Can I file a lawsuit if my doctor never warned me with all the side effects of tubal ligation?

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I had tubal ligation done on Friday 3/31/17... since then my heart feels like it's racing, I had premature arterial contractions (PAC) and pvc premature ventricular contractions in hospital and they rapid response me in recovery and kept me overnight, to watch me, I'm having bad pains in my ribs, back pain, light headed, dizzy, nauseous, and the list keeps going...I would never done this if I knew of the side effects before surgery .... not once did she tell me any of these side effects...

Attorney Answers

4
Philip Fabiano ·
Malpractice is care and treatment that falls below the standard of care and causes injury. The failure to inform a patient of recognized and serious consequences of a medical procedure can certainly be the basis of a claim. Has any doctor told you that your current condition was caused by the procedure? It has not been very long since your procedure and perhaps it will resolve. Your first task is for someone to "name" what is wrong with you and to see if it can be treated and resolved.
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Christopher Glass ·
The failure of your doctor to warn you of the risks of a procedure can be a basis for a claim. To succeed on a claim of the doctor's failure to obtain your informed consent to the risk of a procedure, you must also prove that had he fully informed you of the risks, you would have chosen not to undergo the procedure. As a more practical matter, in New York State, bringing a medical malpractice claim requires very significant investments of time and money on the part of the handling attorney. For this reason, most medical malpractice attorneys will not accept cases without very significant or catastrophic injuries. If your symptoms resolve, your injury would probably not justify the expense of litigation.
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