Legal Question in Medical Malpractice in California

tubes tied

if hospital ties my wifes tubes and she still gets pregnant is hospital liable

I only ask because we allready have 8 kids


Asked on 8/09/07, 11:41 pm

3 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: tubes tied

It is, I believe, a known risk that sometimes such surgeries don't work. I believe that the male partner also should take responsibility to prevent pregnancy, as it is a partnership.

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Answered on 8/10/07, 12:26 am
Terry A. Nelson Nelson & Lawless

Re: tubes tied

Your claim is for medical malpractice against the doctor. The lawsuit has to be filed within one year of discovery of the malpractice, i.e. learning of the pregnancy. You have to prove through medical experts that the operation was performed negligently, and that you have suffered legally recognized damages. Medical malpractice cases are seldom settled, and if at all, only after filing and proving you have a strong case and are willing and able to take it to trial. IF you meet all those criteria, feel free to contact me to discuss the facts, risks and costs.

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Answered on 8/10/07, 12:54 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: tubes tied

Not necessarily. Liability is based upon medical negligence, and most likely, if at all, it would run to the doctor that does the surgery, not the hospital.

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Answered on 8/13/07, 1:27 am


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