Legal Question in Medical Malpractice in Nebraska


After having my last baby by c-section i was supposed to have a tubaliagation. At my last doctor's appt. after having the baby he informed me that he had done the tubal and there was no need for birth control. My baby is now 4 months old and i am pregnant again. not being emotionally, physically or financially able to raise another child i am in the process of deciding what i can do. I can't afford to pay for a tubal because my medicaid has now lapsed. I may have to have an abortion and this is also taking a tole on me metally. I believe after i sighned the consent form for the tubal and the doctor told me I had it done, I think this is negligent on his part.

Asked on 4/21/04, 6:44 pm

2 Answers from Attorneys

Michael R. Nack Michael R. Nack, Attorney at Law

Re: Negligence

Attorneys who volunteer their time on this site are supposed to actually answer the questions asked, not just solicit for business. Unfortunately, it is not possible to give you any specific answer without a great deal of additional information and effort. My first medical malpractice case over twenty years ago involved a failed tubal ligation, where the doctor missed one of the fallopian tubes, the resulting pathology report clearly stated so, and then the doctor lied to his patient in order to avoid a malpractice suit. In your case, such a sequence of events is possible, but it is also possible that the tubal ligation was correctly performed and one or both of your fallopian tubes grew back together thus allowing for you to get pregnant again. If you consult with an attorney, that attorney will need to interview you in detail, obtain all medical records involved, and then have those medical records reviewed by a medical expert who can then provide an expert opinion whether any medical negligence (malpractice) occurred. Then, it would be wise to conduct a full analysis of your economic damages, which may also require the use of expert services. All of these things take time and money, but in the long run you will never really know whether you should proceed with your claim or not unless you follow these steps. I would also warn you that there is a statute of limitations which limits the time within which a suit based upon medical negligence may be filed to two years from the date of the negligence with certain very limited exceptions. Since it takes a great deal of time to take the preliminary steps, it would be wise for you to get started immediately if you are serious about looking into your case. Many good lawyers will not agree to get involved if you wait until you are close to out of time. From experience I can also tell you that you are looking at costs into the thousands of dollars in prosecuting such a lawsuit. Sometimes the lawyers can advance some of the costs and get reimbursed out of any recovery made. Also, most lawyers will agree to take the case on a contigency fee or on a combination of a retainer and a contigency fee. I sincerely hope that this response provides you with some helpful information, no matter what you elect to do, and I urge you to get legal advice before making any decisions regarding your pregnancy. If you are in the St. Louis area, I would be happy to give you a free telephone consultation if you will call me at 314-727-2822.

Read more
Answered on 4/21/04, 11:52 pm
Richard McLeod McLeod & Heinrichs

Re: Negligence

You very well may have a case, although there are many questions. Please call our medical analyst, Sandra S. Hull R.N., a former labor and delivery nurse; she'll talk with you about the issues and we'll see if we can help.

Our toll free # is (800) 962.5363. Sandra's extension is 110 if you get the auto attendant.

Rich McLeod

Read more
Answered on 4/21/04, 6:53 pm

Related Questions & Answers

More Medical Malpractice Law questions and answers in Nebraska