Medical Malpractice/Tube Clamps


I had my tubes clamped 11/19/2010 and just had another baby 05/07/12. In Aug. 2012 I had my tubes removed, when I went back for a check up the doctor told me that the doctor that installed the clamps 11/19/10 installed them wrong (instead of going around my tube he went through my tube) which caused me to have another child. I did sign a paper 11/19/10 saying I could not do anything if I got pregnant. Since it was not done properly and the doctor clearly said the way I got pregnant was cause it was not done properly, do I have a case?


The answer to your question depends on Maryland law and I am not licensed in Maryland and cannot provide you with legal advice.  States vary on whether they allow for claims for "wrongful life".

Generally, a release cannot absolve liability for negligence unless it is contemplated in the release.  I suspect the physician had you sign a form in which you acknowledge that the procedure, if done properly, is not 100% effective.  This would not preclude you from bringing a negligence claim if Maryland allows such a claim.

I suggest you speak to a qualified medical malpractice attorney in Maryland.

Very truly yours,

Paul D. Friedman, M.A., Ph.D., J.D.

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Paul D. Friedman, M.A., Ph.D., J.D.


I have been a practicing civil trial attorney since 1989 dealing primarily with malpractice issues. I litigate very select medical malpractice cases on behalf of patients or their families. I am a Certified Civil Trial Specialist by the National Board of Trial Advocacy. I am also Certified in Injury and Wrongful Death by the Arizona State Bar Board of Legal Specialization.

In addition to my law degree, I received a Master of Arts in Bioethics and a Doctorate of Philosophy involving Medical Ethics. Because I am also an Adjunct Professor in Research and Medical Ethics at a medical school, I routinely consult with physicians and hospitals regarding medical ethics issues in an effort to improve patient care.

I can answer questions dealing with medical ethics principles. I can also respond to questions regarding potential malpractice issues.

For more information, you can view my website at WWW.EXPERTETHICS.COM


I have been a practicing trial attorney since 1989 and I have a masters degree in bioethics and a doctorate of philosophy regarding comparative ethics.

State Bar of Arizona
State Bar of Colorado (inactive)
District of Columbia Bar (inactive)
Federal Bar
Licensed in Arizona District Court
Licensed in Ninth Circuit Court of Appeals
licensed in the United States Supreme Court
American Bar Association
National Board of Trial Advocacy
American Association for Justice
Arizona Trial Lawyers Association
American Society for Bioethics and Humanities
Kennedy Institute of Ethics
National Association of Realtors

A list of my copyrighted publications and presentations is contained at WWW.EXPERTETHICS.COM

Bachelor of Arts 1985
Juris Doctorate 1989
Master of Arts in Bioethics 2004
Doctorate of Philosophy 2006

Awards and Honors
Phi Beta Kappa
Multiple Who's Who
Southwest Superlawyers
Top 100 Trial Lawyers
AZ Magazine Top Lawyers

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