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  1. #1
    Join Date
    Aug 2009
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    2

    Post Pregnancy After Wrong Tubal Surgery

    My question involves medical malpractice in the state of: Texas

    I am a mother of five with the last child resulting from a failed tubal ligation procedure. WIth my fourth child I started dilating early and went into labor preterm. It was a very difficult pregnancy and me and my husband suffered a lot during and afterwards and decided not to have anymore children for the future child and my sake.
    I originally discussed and the tubal procedure and signed papers with my doctor who unfortunately, two weeks before the operation, could not perform the operation and called on an associate. I agreed to his colleague performing the surgery under the impression he would do the same procedure my original doctor stated. The day of the surgery the nurses informed me several times that once I had this operation I could no longer have any more children and that the operation could not be reversed. I had the surgery and 10 months later found out I was pregnant. After having the child I had a second tubal and the doctor who performed this surgery said one of the clips was not closed on the tubes.

    I would like to know who is at fault and if I could persue it legally. Finding out I was pregnant again really took a toll our life. THe hospital where I had the first surgery cannot find my files with my signatures for the first surgery.

    Thanks
    Alivewith5

  2. #2
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    Aug 2009
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    Default Re: Pregnancy After Wrong Tubal Surgery

    well, if the clip was there and not closed, the partner who performed the procedure, could argue it just opened itself. i really don't know much about TL's, but i'd really like to know why you were told it is not reversible? tubal litigation IS very reversible! now, if you can have your new doctor dtermine the clip was never closed to begin with, i imagine you would sue the partner who performed the litigation. now what i researched says there are no tests REQUIRED to ensure the procedure was performed correctly. i cannot find anything about direct fault, but i was able to find something where one woman was able to sue, and her OB was found 66% at fault, and she won her case...BUT it didn't give the outcome or anything about compensation, that i could find. the case i found, was an incomplete listing on a website that is only able to be registered onto by physicians.

    also, your thread topic says "wrong tubal litigation", what do you mean, by "wrong"?

  3. #3
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Pregnancy After Wrong Tubal Surgery

    Quote Quoting Alivewith5
    View Post
    I would like to know who is at fault and if I could persue it legally. Finding out I was pregnant again really took a toll our life. THe hospital where I had the first surgery cannot find my files with my signatures for the first surgery.

    Thanks
    Alivewith5

    What you are describing is basically a "wrongful birth/pregnancy" suit. Here is an overview of Texas law. Be advised, ONLY an attorney can evaluate the facts of your case, regardless of what the link claims or does not claim. It is only for educational purposes.


    http://guweb2.gonzaga.edu/~dewolf/to...3STXLR1261.pdf

  4. #4
    Join Date
    Aug 2009
    Posts
    2

    Post Re: Pregnancy After Wrong Tubal Surgery

    Thanks Price5 and BOR for the replies.

    What I mean by "wrong" tubal surgery is the partner who performed the procedure did not do the same procedure that I discussed with my doctor. My doctor said he would cut the tubes and burn them with a laser. The partner who performed the operation used clips.
    I did not know he used clips until I was pregnant and I tried to request my medical records. The hospital sent me the operative report (which stated the diagnosis as permanent sterlization and the procedure performed as Bilateral laparoscopic Filshie clip application ) from the computer system, but my medical folder for the day surgery is MIA. They could only find the folder/records from the pregnancy of the 4th child.

    As for the nurse telling me the procedure was not reversible, she probably said it to make sure I was positive I wanted the procedure performed. Of course, now after researching the topic I know it is reversible.

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