Question & Answer – I Got Pregnant, Can I Sue?
July 29, 2010
I signed a consent form to have a tubal ligation before I went in for a c-section. I am now pregnant. The Doctor did not do it right. Can I sue?
The fact that you are pregnant, in and of itself does not mean the doctor was careless or didn’t do the procedure properly. Because medicine is an art, not a science, things can go wrong without the doctor having done anything wrong.
The first thing that needs to be done is that you get all your medical records, reports, charts and the surgery report to an attorney to have it reviewed by an expert. If the expert says that the doctor failed to follow the proper standard of care then you can show the doctor was negligent.
But, you still need to show that you were injured as the result of the doctor’s failure to follow the standard of care. In many jurisdictions, having a child is not viewed as an injury and so without an injury, you will not have a cause of action upon which a case can be pursued.
Just to be on the safe side, I suggest you personally speak with an attorney in your area and see what are all your options. Generally the first consultation is free and without any obligation.