Tubal Ligation

[Valente]

I live in Pa and I have read some kind of bill that was passed in 1989 in regards to not being able to sue on wrongful life after an abortion.  I have found anything that states I can't sue for becoming pregnant after a tubial ligation, but every lawyer I've contacted stated I can't sue on wrongful life after a botched tubial ligation.  I don't want to sue for wrongful life I want to sue for medical malpractice.  I signed a contract stating a tubial ligation was 99.9% effective; however, if it is performed incorrectly then I had a 100% chance of becoming pregnant.  I asked to have my tubes tied after the birth of my 3rd child.  My husband and I could afford any more children, because he doesn't work due to two back surgery and he take care of the kids to avoid costs of daycare and I work full time.  I found out exactly a year after my tubial that I was pregnant, when I stopped breast-feeding, and I knew there was the chance of that.  After my 4th child was born I had another tubial ligation, and when the doctor performed the procedure he found that the left tube was clam and showed scaring; however, the right tube didn't have the clamp on it and it was a health Fallopian tube with no signs of scaring.  He found the clamp in the body closed and in a different region of my right side near the wall.  I have both operative reports.  With my first tubial they didn't ask me to come back and make sure everything was done right.  The second tubial I'm to come back 4 weeks after the procedure to make sure everything is good.  With my second tubial they did happen to puncture my uterus too, which resulted in a longer and more painful recovery.  Why am I having trouble finding a lawyer?

[Bellamie]

Kandie,

You most likely can sue for your own medical expenses but not the expenses related after the birth of your child.

You are most likely having a hard time finding an attorney because it is expensive to litigate cases and your damages as described above are limited.  It costs between $30,000 to $60,000 for the easiest medical malpractice case and up to $150,000 for a complex matter.  Attorneys usually charge 40% to 50% to litigate malpractice cases because they are time consuming and the chances of success nationwide are about 10% success should it go to trial.

Also, a jury in Pennsylvania may not look kindly on you for trying to claim medical expenses for the birth of your child.  This is a practical consideration and depends on the location and the particular jury.

I wish you the best and I am sorry to hear about your situation.

Very truly yours,

Paul D. Friedman, M.A., Ph.D., J.D.