I had my baby a year and a half ago and i signed consent forms for a tubal ligation because i had 4 babies already by c section and the doctors themselves said another pregnancy would be too risky for my life and that the baby probably wouldn't even make it to full term. When i left the hospital i asked again just to be sure if they had done the procedure and they gave me a printout which stated they had done 2 procedures. One for a c section and one for tubal ligation. I still have those papers. But now, a year and a half later i found out I'm pregnant and that they didn't do the tubal ligation. I'm scared for my health and even for my life because of what they explained about the risks of another pregnancy, but now knowing that I'm pregnant, my husband and I can not have an abortion be ause of our religious beliefs. Can i sue? Please help.
You may have a claim. But, medical malpractice lawsuits are complex. Only another physician can say what the standard of care is for the procedure that you underwent. Your situation needs to be thoroughly evaluated in a confidential consultation where you can learn about your legal rights and options.
I don't think you have a viable case honestly.
Even if we assume you consented to an operation and they didn't perform it (or they performed it and it wasn't successful, which happens with tubal ligation), you have a healthy baby. There is no jury in the world who would give you money for "damages" that many people would give up a lot to have.
I'd confirm all this with a lawyer who has reviewed your records, but the damages part is where I get stuck.
Gather records and consult with a local personal injury. Please remember not every medical procedure is perfect