Legal Question in Civil Litigation in Arkansas

I have 4 children last daughter was born on september 10,2009.I had a c-section an the doctor tied my tubes.the doctor has been practicing for 4 years.I did not want another child that is why I had my tubes tied. I just went to the doctor on september 07,2010 an found out I am 6 weeks pregnant,which is less than a year after I had my tubes tied.I have no insurance an can not afford the medical bills.can I sue the doctor that performed the procedure or is he responsible for anything?

Asked on 9/08/10, 7:23 am

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Tubal ligation is not 100% effective. A small fraction of women who have the procedure will become pregnant again. Your doctor should have told you this.

If your doctor performed the procedure negligently and if the negligence is what made your pregnancy possible then he may be liable. But he would not be liable if he performed it properly and you just happen to be one of the patients for whom it didn't work.

If the doctor didn't inform you of the risks then you may have a case against him, but only if you can show that you probably would not have become pregnant again if you had known the risks. This can mean either that you would have opted for another birth control method that you can show would have worked, or that you would have kept using other methods in addition to the surgery.

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Answered on 9/13/10, 5:26 pm

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