Failed sterilization can lead to an unplanned pregnancy. The birth of an unplanned child can become extremely stressful for parents who did not expect to have any more children. In fact, one of the main reasons an individual opts for sterilization in the first place is to have more control of their future. If you or a loved one has gone through a failed sterilization procedure, a skilled medical malpractice attorney can help. At Arfaa Law Group, we can assess the facts of your case and determine the viability of your claim.
Sterilization is supposed to be a form of permanent birth control. There are two types of sterilization: female sterilization, known as a tubal ligation, and male sterilization, known as a vasectomy. Both of these procedures are intended to prevent pregnancy. Tubal ligation is a surgical procedure in which a woman’s fallopian tubes are blocked, tired, or cut. This disrupts the movement of the egg to the uterus for fertilization and blocks the sperm from reaching the egg. A vasectomy, on the other hand, prevents the release of sperm when a man ejaculates. In the case of women, sterilization is intended to prevent pregnancy, and in the case of men, sterilization is intended to prevent the male from impregnating a female partner.
Unplanned pregnancy, also sometimes referred to as “wrongful pregnancy,” can be a result of a medical professional who failed to perform the sterilization properly. In such cases, you may be able to file a medical malpractice claim against that medical professional. In order to establish malpractice in Maryland, the plaintiff must show that the doctor failed to adhere to the standard of care that a reasonable doctor in the same specialty would have followed in the same situation. Additionally, the plaintiff must demonstrate that the doctor’s failure to adhere to the appropriate standard of care was a direct cause of the patient’s harm.
It is important to note that not all unplanned pregnancies after a sterilization procedure will be a result of medical malpractice. Whether malpractice occurred is a very specific question – one that your lawyer can help you answer after thoroughly examining the facts of your case.
In Maryland, a victim of medical malpractice may be able to seek both economic and non-economic damages. Economic damages refer to compensation for objectively quantifiable monetary losses, such as medical bills, lost income, and future medical costs. Non-economic damages refer to compensation claimed against intangible harms like pain and suffering, disfigurement, and more. In 2016, the cap for non-economic damages is $770,000.
Medical errors, such as botched sterilization procedures, can lead to serious unintended consequences for a patient. If you suspect that you were a victim of medical malpractice, we can help. At Arfaa Law Group, our Baltimore medical malpractice attorneys have the skill, dedication, and knowledge to handle your case. We are here to answer your questions and address your concerns at every step of the way. To learn more, feel free to call 410-889-1850 or contact us online.
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