Originally Posted by
ScottGem
If you contracted with a physician to tie both tubes and another doctor confirms only one or neither of the tubes were tied then yes you have malpractice. However, if another doctor can confirm that the ligation was done properly, then you have no case.
Maybe, and maybe not. Malrpactice cases are EXTREMELY expensive to litigate. Even if you prove that there was a departure from the standard of care, you then have to sho damages. And the question is, how have you been "damaged"?
The general consensus of the courts in this country is that there is no cause of action for "wrongful pregnancy" because as a public policy matter, the courts really struggle with seeing a new life in the world as "damages". Similarly, good luck going in front of a jury and asking for money because you ar enow "stuck with a kid you don't want". That isn't going over very well.
