AboutGlenn A. Dorfman Expertise Twenty-four years experience in personal injury, medical malpractice and medical product liability law. Practice currently concentrated on the diet drug (fen-phen) litigation. Qualified to answer all questions regarding injuries and the law, except for worker`s compensation.
Question I recently found out I am 6 weeks pregnant after having a tubal ligation 7 months ago during the delivery of my daughter. How can this happen if the procedure was performed correctly?? How do I know if it was performed correctly?? My husband and I made a decision that we did not want any more children and thought that would be that. Can I sue for malpractice in the state of New York? Help, please. I feel like I am losing my mind. My Dr. says although rare, it does happen.
Sincerely,
Tracey DeLuca
Answer Your doctor statement "rare but it does happen" is true. The ligation should be a simple procedure and if it fails, I guess one could always say the the procedure was not done adequately and therefore negligent and malpractice. But the defense is that even when done exactly right, an egg can still sneak into the the end of the tube on the side of the uterus and even when everything is done within the standard of care. My advice would be to google around for something like "New York failed tubal ligation lawsuit". She if you can find a lawyer who has handled such a case. I have not. Good luck.
