Found an issue on this page? Let us know and we will look into it as soon as possible.
I'm pregnant after a failed tubal ligation. My med records show that informed consent was not obtained, do I have a case?
Anonymous2 views3 answers
I'm 38 and pregnant after a failed tubal ligation. I have two children and had tubes tied 11/06 during my c-section. I clearly recall the OB asking if I was certain that I did not want any more children because the procedure was permanant but she did not tell me about the failure rate, fact that failure is more common when tubal is proformed during c-section, etc. No consent at all was obtained. Also, my records show that a different size portion was taken out of each tube before cauteraztion. May I also have a malpractice case? Help- I'll have three in daycare next year, no maternity leave pay, and a huge financial burden. We will love this child, but it will cost a lot emotionally, physicaly, and financially. Jen
I am not licensed in VT and can offer you only general advice. I am very surprised that you do not have a consent form in the medical records that you have obtained. If you have only the doctor's chart, make sure that you also obtain the hospital chart. Often the consent form is in those records. Also be sure to look in the physician and nurse progress notes to make sure that there is no notation during your presurgical screening that indicates that you were advised of the risks. If there is a consent form or notation somewhere it would be very difficult, if not impossible to over come the defense that you suffered a risk of the procedure.
However, if you survive that hurdle and can establish a lack of evidence that you were advised, your claim for wrongful birth will be something that you must have the jury weigh. Your damages are for the cost of raising the child. You know that from all the debate in the press surrounding these issues that this will be a hot topic. If you have your records, call a local lawyer and let them review them for you. You may have a viable claim.
Betsey Herd
Tampa, Florida
Lars A. LundeenPersonal Injury LawyerRutland, VT ·
I am curious to know whether or not your C- section was a planned one or whether you had an emergency C-section at the time the tubal ligation was performed.
Lars A. Lundeen
Griffith & Lundeen, P.C.
98 Merchants Row, 2nd Flr.
Rutland, VT 05701
802-773-7638
802-775-1533 (fax)
[email protected]
L. Maxwell TaylorLitigation LawyerMiddlebury, VT ·
As I see it, the real question is, assuming everything you say is true, will a jury blame the doctor and award you money? My experience following Vermont jury verdicts makes me pessimistic.
A second question is, can you honestly say that BUT FOR the doctor's failure to advise you that some women who have their tubes tied get pregnant, you would have done other things that absolutely ensured you would have no further pregnancies? Unless you can answer "yes" to this second question, I see a problem with proving causation.
