adults only! can we get an attorney?

Question

after my 3 baby the dr was suppose to tie my tubes during the c section and didnt. now i preg with a baby i can not afford, can we get an attorney?

actually they were suppose to be cut and burned. yes we were billed for this. i love my children and i do not agree with abortion, it's not the babys fault that the dr was too busy or something. we did sign papers saying we wanted this done. and a baby cost a heck of a lot more than an attorney. so who ever wrote that obviously don't know. i have two baby's in diapers right now. we are in walmart every other day after something. we spend like 300 every 2 weeks sometimes more!

i didn't know until after i got pregnant and wen to the same dr and they have no record of them being done but i have the copies of the paper work where it was suppose to be done

for little ms suzi, the proceedure was never done. if you and your husband were not using birthcontrol b/c you thought you could not get preg and you got that way b/c the dr forgot. we have been to the dr and it was not done i have been examined by a different dr rather than the one who delivered my last baby. we are not poor, my husband is in the military so we will have a roof over our head and food on the table, but kids are expensive and we are going to have to think about putting all four of them through college!

Answer 1

I would contact a lawyer! That is malpractice and yes you have a right to file lawsuit for it! You say you have copies of your paperwork, that is a great thing! Also, request copies of your medical records, then you can compare the two! I am asumming you have found another doctor?! If not, please do so! It won't look right to file suit against soemone for malpractice if you are still using them! Most hospitals will settle out of court-no telling how much money you will actually get!
But take this as a good sign that this baby was meant to be! Hey you're having them against all odds! Congrats and try to enjoy this, but I would still file suit, who knows how many other women he has done this to, or could do this to if you dont' do something now!

Answer 2

In this day and age u can get an attorney for almost anything! I'd look for ones that offer free consultations and meet w/ them until u find one who agrees to take the case. Usually they only charge u for their services if they win your case. I would think that if u were supposed to have a procedure and they didn't do it, that would be malpractice (b/c now u have to be cut open and anesthetized again, plus u thought u couldn't get pregnant and did, which could be pain and suffering plus compensation for further medical bills for abortion or labor and delivery and healthcare if u keep the baby) Did they not tell u they didn't do it- or did they tell u and u got pregnant anyway?

Answer 3

If you paid for the procedure, and it was not performed, yes you should contact an attorney. However you need to consult with the attorney of your choice about your options. Let them know up front that you are in a financial bind, and that if you can pursue this issue, you would like for the doctor to pay all of the costs, because it is his screw up, not yours. I don't know how you feel about it, however if you can not afford this baby, why not consider open adoption. There are alot of christian couples who are unable to have children biologically, and could give this child a loving home. I'm not saying do this, just weigh your options. God bless you. I hope everything turns out really well for you. Please keep us all informed.

Answer 4

everyone has the right to sue and the right to hire an attorney. And you might have a case. But if a doctor "Says" he's going to do something, it never happened if it wasn't on paper. did you sign paperwork describing the benefits, risks, alternatives, and informed consent regarding tubal ligation (tube-tie procedure)? If not - then legally it never happened.

It would take a heck of an atty to pull it off though.

Good luck

Answer 5

There is a woman here in the Boston area who is sueing a doctor for the almost the same reason.

She went to get abortion and they did the abortion, she saw a doctor 2 weeks later and they told her she wasn't pregnant anymore and that she was fine. Then on her scheduled due date she gave brith to the baby. She is sueing each doctor. Frist one for not doing the abortion right and the second for not detecting her still being pregnant.

She is trying to get child support from both doctors to help pay for the baby because she cant.

So based on what she is doing I guess you can as well.

Answer 6

Not even tubals are full proof. You would have to find out if you were charged for the tubal (or if your insurance was) and then find out if, in fact, the procedure was done (being pregnant is not proof), you would have to have a doc look and see if the tubes were actually "tied". If you can obtain all of this, you can then contact a lawyer and find out what route you can take from there.
If you signed forms requesting the tubal and they are also signed by your doc, and yet the procedure was not done....I am unsure of how that will go. Get your info and talk to a lawyer.

Answer 7

i doubt it because even if your tubes were tied there's a small chance of getting pregnant. friends were cut tied and burnt &she still got pregnant. it really wouldn't hurt to try. if you don't have an attorney, google legal advice numbers. they give 800 #s to call and most have free consultations & they will find out if anything can be done. you could always put the baby up for adoption. good luck

also, they have cheap fees. like 30 dollars a month

Answer 8

I believe you can only sue if (god forbid) something is wrong with the baby and you incur excessive costs in raising the child. Otherwise, the courts would just tell you that you could have had an abortion, or that you can give the baby up for adoption. Good Luck
ps. Most attorneys can be consulted for free...so it doesn't hurt to ask.

Answer 9

You'd probably only get the money that you paid for the unperformed operation. Even if he had performed it there is a failure rate of between 1 and 5 per 1000, and you wouldn't have been able to sue in the instance because the consent form for the surgery explicitly states that there is a small failure rate.

Answer 10

You can get an attorney, but i strongly suggest you research very very throroughly an attorney can be expensive, i have heard of cases winning but make sure you will win check the paperwork back and forth to make sure there is nothing to say you have to reep the down points. just make sure you are 110% sure you are right, a lot of time you can get money for 18 years to pay for schooling etc for the baby (like child support) good luck, if your not sure you can win i suggest you drop the case, it could end up costing you a fortune and having to pay for the child aswell. be carefull.