An Illinois mother reportedly sued her doctor after she claimed that she became pregnant following a botched tubal ligation. According to the report, the woman chose to have the surgery after she gave birth to a child that had sickle cell disease.
In the lawsuit, the woman stated that she had lost her right ovary when she was 12 years old. Later, she and her husband both learned that they were carriers of the sickle cell trait after their second child was born with the disease. After having a third child born with the carrier trait, the woman decided to have the surgery done to avoid having other children that could suffer from sickle cell disease.
The woman had the surgery performed in December 2012. Six months later, she claimed that she was pregnant. The couple's fourth child was born in February 2010 and suffered from sickle cell disease.
Following the unplanned pregnancy, the woman discovered that the doctor performed the operation on tube connected to her missing right ovary rather than her intact left ovary. The report indicated that as many as 37 percent of women who have this procedure done ultimately have pregnancies later on. Additionally, Illinois law does not allow parents to recover any costs associated with raising a child born with genetic defects. However, an appellate courted recently ruled that the case could continue.
While a tubal ligation is not always a permanent solution, the doctor in this particular case made a surgical error by performing the surgery on the wrong tube. If a surgery was not performed correctly or the wrong surgery was performed, an attorney may be able to take the case and help their client seek damages for any injuries that result from any medical mistakes made.
Source: ABC News, "Mom Sues for Wrongful Pregnancy After Failed Sterilization", Katie Moisse, March 18, 2014