If I had a tubal ligation but Iam now pregnant again, can I sue the doctor?
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If I had a tubal ligation but Iam now pregnant again, can I sue the doctor?
The tubal was performed 6 weeks after m last baby was born. At the time of the procedure I was not pregnant but now, not even 6 months later, I am. I already have 4 children and am low income. Do I have grounds for a lawsuit?
Asked on March 12, 2012 under Malpractice Law, Texas
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
It is entirely possible to file a medical malpractice action against the doctor that performed your tubal ligation where you are pregnant after the fact. Whether you will succeed is another matter. You first need to read carefully all documentation that you signed concerning this procedure regarding any disclaimers.
After that, you need to consult with a medical malpractice attorney and have him or her retain a medical malpractice expert to determine if the doctor who did the surgery for you fell below the standard of care of a health care practioner in the state you reside in.
Your potential dmamges assuming liability is established is the costs of a new surgery and potentially associated pain and suffering as a result.
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