My best friend of 20 years just had her 2nd child a year ago. While she was pregnant with this child she told her doctor that after she gave birth, she wanted her tubes tied. She signed all the paperwork and everything was in order. Well, she ended up having a c-section to have this baby and the doctor said to her, "oh I see you want a tubal ligation done." My friend said,"yes, I do". Well, the doctor told her that he wasn't going to do it because he felt my friend was too young (she was 27) and he was not going to tie her tubes. She is married, to the same man for 8 years and both children are his. My friend then argued and argued with this doctor as she is being wheeled down to get her c-section. Her husband argued that the papers were already signed to do the ligation. The doctor ended up putting my friend to sleep to do the c-section. The doctor did not do the tubal, now my friend is pregnant with a third baby that she can't afford. She wants to sue the doc. Does she have a case?
2007-10-23 08:46:54 · 20 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
You guys are saying what I told her today. That she would not have a case since she knew that the procedure was not done. However, she was on the birth control shot when she got pregnant with this 3rd baby. I think right now she is just angry and not thinking clearly.
2007-10-23 08:54:26 · update #1
I think what she is mad about is that the paperwork was done and she told him that she wanted it done, period. He said she was "panicking" and he knocked her completely out for her c-section instead of just numbing her. I think she feels as if he deceived her in a way. She actually didn't find out that it hadn't been done until she was ready to check out of the hospital 2 days later and the nurse asked her what kind of birth control she wanted to use. That is when she found out that it hadn't been done. I told her she should have done something then, not now. I think she blew her chance to getting things resolved with that doctor. Thanks everyone for the great answers!
2007-10-23 09:00:11 · update #2
You can not successfully sue a doctor for refusing to provide non-life saving medical care.
The pregnancy is her and her husbands fault. She could have found another doctor to perform the surgery. She could have gone on the pill. They could have used condoms. They could have sustained from sex.
2007-10-23 08:52:10 · answer #1 · answered by davidmi711 7 · 3⤊ 0⤋
Did the doctor get her pregnant? If he did - she might have a case.
Obviously, she did not discuss this in depth with her physician so he was right to be reluctant because he was not able to assure that the patient had thought it out completely and was indeed signing informed consent.
There are other forms of birth control - or she could have sought a tubal after the birth of her second. Tubal ligations after C-section also havea higher incidence of failure due to the hormones present after birth. Many doctors will not do tubals until 4-6 months after giving birth.
Your friend is well aware of how a baby is made - and should have taken precautions if she did not want anymore.
2007-10-23 08:55:24 · answer #2 · answered by Susie D 6 · 1⤊ 0⤋
Before I gave birth to my third child, I asked the doc for a tubal before I left the hospital. All the paperwork was signed then. Well, had my son, left with no tubal. Talked to doc a couple days later and he said he didn't do it because I was 25. Well, I did get it done by the same doc, but after he felt he needed to counsel me. I really don't think your friend has a case, but wouldn't hurt to check, right?
2007-10-23 09:28:57 · answer #3 · answered by zen 6 · 0⤊ 0⤋
More realistically than answer 1, the doctor did not do a realistic prep, so you should at least discuss the problem with another doctor, the hospital where it was done and a lawyer. But I have to wonder why a tubal ligation would cause you pain in pregnancy if it has healed properly. Without diminishing the operation, its effect on the uterus should be minor.
2016-05-25 04:59:03 · answer #4 · answered by ? 3 · 0⤊ 0⤋
nope.
The Doc has the right to refuse to do any procedure and informed your friend of his intention ahead of time. They had the opportunity to get another surgeon to do the surgery, either at that time or to check beforehand. Sounds like they did not. If the surgeon said he would do it and didn't, then the case might be actionable (but probably not even then as tubals don't always "take")
As well, pregnancy is preventable by other means. So as they knew her tubes weren't tied, they had the means and opportunity to use birth control.
I wish them best of luck with their munchkins.
2007-10-23 08:58:08 · answer #5 · answered by East B 2 · 1⤊ 0⤋
She was aware that she could get pregnant and so was her husband. That makes them equally responsible for birth control (or not). The doctor did what he was supposed do and informed them both that he WAS NOT performing a tubal ligation, so the answer would have to be NO.
2007-10-23 08:59:11 · answer #6 · answered by EvilWoman0913 7 · 1⤊ 0⤋
She knew the doctor didn't do the tubal ligation, so why was she having unprotected sex? And why didn't she go to another doctor to have her tubes tied?
Can she sue? Yes, anyone can sue for anything. But if I was on the jury, I wouldn't give her a dime.
2007-10-23 08:51:44 · answer #7 · answered by kja63 7 · 3⤊ 0⤋
I'm not sure whether this case would stand up in court, you'd have to ask a lawyer about that. That said, if she's pregnant and can't afford another child, there's always the option of an abortion (which is much cheaper- and also safer- than having a baby). In fact, given her current situation I would highly advise it. After that concern is over, she can try to find another doctor who's willing to do the operation.
2007-10-23 08:53:04 · answer #8 · answered by Anonymous · 0⤊ 1⤋
Most doctors wont do a tubal until you are 30 even closer to 40. She should have bought some condoms if she couldn't afford another child.
2007-10-23 08:56:39 · answer #9 · answered by Brenda 4 · 2⤊ 0⤋
Absolutely not. My doctor told me the same thing, so I went to another doctor and got it done. But you know what, I really really regret having it done. At the time I was like your friend, now things are different and both my husband and I desperately want another baby and we can't have one of our own unless we want to pay $10,000. to try to reverse the surgery, or try invitro, and we can't afford that...so we have to just be happy with what we have. Your friend should just use birth control and contraceptives, and deal with that until she is older and wiser and if she still wants to get it done, she should.
2007-10-23 08:54:15 · answer #10 · answered by kelly 2 · 2⤊ 0⤋
No she has no case. She knew the doc refused to do the tubal and had sex thereafter with full knowledge that she was fertile. She should have gone to another doctor to get her tubes tied. Sounds like your friend is a bit stupid.
2007-10-23 08:50:51 · answer #11 · answered by Anonymous · 6⤊ 0⤋