What do I do if doctor tied my tubes without permission?

Recently on our legal forum a user asked, “I had my third child last year, and the doctor asked if I wanted a tubal ligation. I said no and I did not sign any type of consent form for the procedure. I found out a few months ago that my tubes were tied. I am devastated. What are my rights, and do I have a case against my doctor?”

What is tubal ligation?

A tubal ligation is a sterilization procedure which renders a woman unable to conceive children. It is generally consider close to 100% effective.

You mentioned you had your third child last year. When you arrived at the hospital you should have been given a surgical consent form which asked whether or not you wanted to have this elective surgery. Women are generally asked if they want this done because for many women it’s preferable to consent to the surgery at the time of delivery so the woman does not have to come back at a later date.

Although it is quite unusual for a doctor to perform this kind of surgery without the proper authorization, there have been cases when it has been done. If you clearly told the doctor you did not want this procedure, the doctor did not have a signed consent form allowing them to perform the surgery, and they performed the surgery without your consent, you may have a cause for legal action.

Should I file a medical malpractice claim?

Now, whether you can file a medical malpractice case versus whether you should file a medical malpractice claim are two different issues. Unfortunately, medical malpractice claims are very difficult to win. Not only will you have to prove the doctor had a duty of care towards you, you will also have to prove that he breached his duty.

Proving breach, however, can be quite difficult. In fact, before filing your injury claim you may be required to get an affidavit from another professional verifying that they have reviewed the medical charts and have found that there was negligence.

Unfortunately, however, getting this type of evidence from a medical expert can be very expensive- costing thousands of dollars. And although a medical malpractice lawyer may be willing to take your case on a contingency fee basis they might expect you to pay for the cost of the expert witness. Furthermore, they will not be willing to take your case if they do not think they can win.

How much can I expect to win for my medical malpractice claim?

Now, assuming you do have a strong case, you are able to get a medical expert to testify, a personal injury lawyer is willing to take your case, and you win your claim you will be entitled to the following payments:

• Past, future and current medical expenses
• Lost wages from work
• Payment for permanent disfigurement or disability
• Loss of consortium
• Payment for services for others to do things you can no longer do
• Any other costs directly associated with your injuries

It’s important to note, however, that many states have capped the non-economic damages that a claimant can win for their injuries. Specifically, state laws may limit payments for pain and suffering, anxiety, loss of companionship, and mental anguish.

What if I am partially to blame for my own injuries?

Although this might not pertain to your particular case, there are some injury claims where the plaintiff in the suit is partially responsible for their own injuries.

For example, recently in Florida a child was attacked by an alligator while he waded in the shallow waters of a man-made lake at Disney World. A personal injury lawsuit has not been filed for this case yet, but if it is filed the Florida courts may decide that Disney World was negligent because they failed to post sufficient warnings about possible alligator attacks (they had posted signs warning patrons not to swim in the water).

They also, however, may rule the family was partially responsible for their child’s death. What happens in this case? Florida personal injury laws use a comparative negligence standard, which means courts are allowed to reduced the potential award if they rule that a plaintiff is partially to blame for their own injuries.

In this specific example, it’s not hard to imagine the courts might assign partial blame to the victim as well as Disney and reduce damages if the victim does eventually prevail in an injury claim.

Bottom Line:

So what do you need to consider for your particular case? If you can prove breach of duty and you are able to get the right expert testimony for your case you might have a strong chance of winning compensation.

Keep in mind; however, there is a statute of limitations for all injury claims and if you wait too long to file your case you might lose the right to any compensation.