I know a lady that has just learned that she’s pregnant (regular uteral pregnancy) nine years after a tubal ligation in which they (supposedly) cut and burnt the tubes.
Aren’t these procedures “guaranteed” for at least 10 years?
Does she have the basis for a successful lawsuit? Comments please!
Contestant #3
No female sterilization method is 100% unless the ovaries are removed. That includes hysterectomy. I don’t know whether the procedure might be guaranteed by the individual doctor; what exactly would you collect in case of failure?
How about the fee charged for the ligation or maybe even the fee for the delivery of the resulting child?
LeslieMcD: Hysterectomy does not preclude pregnancy? I ask this seriously, as I am an editor of med/sci journals. What would a fetus attach to and grow in, absent a uterus? Are we talking about ectopic pregnancy? How often are these successful? Ever?
If a tubal ligation is successfully performed, I suspect the answer to Contestant #3’s question is yes. It may depend on if it is an ectopic, self-limiting pregnancy. But pregnancy should not result from a successful procedure, as I understand it. Sperm should have no access to the Fallopian tubes.
jdv
Thanks for your perspective jdv. The doctor that performed the tubal ligation nine years ago is also the doctor that she has seen to confirm the pregnancy and he said something like “there must be a pinhole-sized opening”.
We’ve heard of this happening to women whose tubes were merely “clamped”, but haven’t heard of this in women whose tubes were cut and burnt.
OK, Contestant, I think I’m getting the picture a little better. It is a uteran pregnancy, following a clamp procedure. And the same doctor who did the first procedure is confirming the pregnancy, right?
If I may offer some advice–perhaps if you gently, delicately, but ultimately firmly discuss this with the MD and establish that there is reponsibility here, you may not have to go the length of a nasty, and probably difficult, lawsuit. Get him/her to accept the fact that the procedure, while perhaps not his/her fault, did not work and that the expenses entailing thereto should be covered by them. It might work. He/she will argue that they did their best and “things happen” but you can argue that while no guarantee was given, any “pinhole” is still the responsibility of the practitioner (while ever-so-gently suggesting that a lawsuit “could” (jurors being so vindictive) establish liability).
It is a difficult thing to argue and I suggest a lawyers advice on how to go about it (keep searching til you find one who will accept this approach–many really are greedy bastards who just want to sue, but there are also many who just want to help). Close reasoning and a nonthreatening approach can do wonders, and avoid many upset stomachs and headaches.
I had a friend who had her tubes tied. She then had a tubal pregnency.
It has long been decided by the courts that the “Joy and experience of rearing children far outweighs any money consideration.” Therefore usually in cases of failed sterilization techniques the doctor is limited to only the costs of having the procedure reperformed and most often the bith up to deliver or abortion/adoption costs.
Yep, it does happen. The tubes sometimes restore themselves just enough to cause pregnancy. Not too common, but it does happen.
{{{I know a lady that has just learned that she’s pregnant (regular uteral pregnancy) nine years after a tubal ligation in which they (supposedly) cut and burnt the tubes.}}}—C#3
Tell her to request genetic testing to make sure that the baby is really hers.
Uh, wait…
Never mind!
Finally, a use for an old blonde joke!
–Kalél
(The Original EnigmaOne)
Common ¢ for all ages.