QUESTION

Can I sue if my doctor tied my tubes without my permission?

Asked on Apr 15th, 2014 on Personal Injury - New York
More details to this question:
I gave birth to my fifth child a month ago. I never signed a consent form to get my tubes tied and my doctor tied my tubes but he only tied one side when he realized it was a mistake. He wasn't suppose to tie them so he stopped and left one side tied and one side not. So can I sue for medical malpractice or negligence?
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Answered on Apr 16th, 2014 at 5:37 PM
Medical and dental malpractice claims are, by their nature, very difficult. Under California law, it is necessary, before filing suit, to obtain an affidavit from another professional, verifying that he has reviewed the medical charts and has found that there was negligence. This can cost several thousand dollars, and most attorneys expect that the client will cover this cost. Negligence could be defined as the failure to use REASONABLE care; not all bad outcomes are the result of negligence. You should also be aware that there is a cap on the amount of recovery for ?pain and suffering?, thanks to the doctor lobby. Sometimes one has a good case theoretically, but the damages are too small to warrant a suit. For these reasons, not many lawyers handle malpractice cases. You should seek a specialist. You can contact your LOCAL bar association for a referral.

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Answered on Apr 16th, 2014 at 1:16 PM
Yes. If the informed consent form you signed did not authorize a tubal ligation, then he is on the hook for the full extent of damages he caused.

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Answered on Apr 16th, 2014 at 11:12 AM
I believe, from what you have told me, that you likely do have a legitimate cause of action. I recommend you speak with an attorney via phone or in person. You are welcome to contact me and I will be glad to help you.

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Answered on Apr 16th, 2014 at 10:33 AM
It takes the opinion of a medical expert to answer your question. Medical malpractice lawyers typically have such experts available. Consider consulting one.

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John F. Brennan
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Answered on Apr 16th, 2014 at 10:22 AM
You should certainly confer with an attorney, the doctors made a mistake and you have been harmed.

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Paul L. Whitfield
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Answered on Apr 16th, 2014 at 8:41 AM
What does the doctor say about all this? I would think he has something to say. what does the medical chart show? What forms did you sign? Releases? If you are serious get your entire medical chart to a doctor for review and ask him after a full review.

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Erven T. Nelson
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Answered on Apr 16th, 2014 at 8:15 AM
Yes, you could sue him for battery and negligence. You will need to quantify your damages.

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Answered on Apr 16th, 2014 at 8:10 AM
Technically you could, but the time effort and expense would make it cost-prohibitive.

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