Legal Question in Medical Malpractice in California

Re: pregnant after tubal ligation

1) Yes, if you signed an agreement.

2) Get a lawyer.

Re: pregnant after tubal ligation

Most HMO plans do have mandatory arbitration provisions, but there are potential loopholes that may exist to void the arbitration provision (which has the effect of allowing you to sue in court and make your case to a jury).

Valuing a case is one of an attorney's primary responsibilities. You probably will not be able to accurately value your own case unless you have legal/finanical consultants to conduct the proper analysis.

Feel free to call our office for a free consultation.

Re: pregnant after tubal ligation

The case you describe is referred to as a "wrongful life case". Whether you have a viable case or not will depend upon analysis of the specific facts in your case. Tubal ligations have been known to spontaneous reverse, believe it or not. There are a wide variety of techniques available for tubal ligation the pros and cons should have been discussed with your before the procedure.

Some HMO's require arbitration by agreement. There are technical requirements that must be met, and sometimes, even when there is agreement to arbitration, the HMO will waive the agreement. Also, the HMO is often not the defendant. The tubal ligation was done by a physician/surgeon. He or she would typically be the defendant, and may or may not be subject to the arbitration agreement, or may his attorneys may advise him or her to waive arbitration. As a former medical malpractice defense lawyer, I can tell you that many defense lawyers advise their client to defend the case in court and in a jury trial.

Such cases handled by an attorney, if at all, on a contingency fee basis. That means his or her fee comes only from the recovery, if any, in the case. The maximum charges are set by statute.

The value of the case if very individual. In med mal cases, non-economic damages, e.g. pain and suffering is capped at $250,000. Economic damages are recoverable according to proof. In a wrongful life case, this will mean the calculable costs of raising a child. If the child has special needs, this can run into the millions.

There are strict statutes of limitations related to medical malpractice cases. Time is of the essence. You should have your matter reviewed by a qualified lawyer asap.

Call us if you want us to take a look.