Many women here in Oregon and elsewhere want to have children, but not all of them want to go through a pregnancy in order to have a child. Some even undergo surgery in order to ensure that they are not able to conceive. One woman who wanted to undergo a tubal ligation (often called “having your tubes tied”) now blames doctor errors on the fact that she got pregnant.
The woman was not opposed to having a child, but she just did not want to go through a pregnancy. Therefore, she went to a doctor in 2008 for a tubal ligation. Upon examination of her reproductive organs, the doctor advised her that her tubes were already blocked, which meant that she was already unable to conceive. The doctor told her that she did not need to undergo the procedure, and even went as far as telling her that she did not even need any other kind of birth control in order to avoid pregnancy.
Approximately three years later, the Michigan woman was told that she was pregnant. In due course, she gave birth to a baby who has Downs Syndrome. She filed a lawsuit against the doctor — not because her child has Downs Syndrome, but because he negligently told her that she could not become pregnant. Any damages she might receive through the lawsuit will be limited to the issue of “wrongful conception,” according to reports.
When it comes to reproductive issues, doctor errors often affect more than just the life of the woman under his or her care. The fate of a child is also potentially in the physician’s hands. Therefore, when a mistake is made, he or she may face claims for financial liability. Oregon women who believe that a doctor made a mistake that either kept them from conceiving or caused them to conceive against their wishes have every right to consult with a medical malpractice attorney to assess the viability of proceeding with a claim for damages..
Source: fox2detroit.com, “Woman sues for wrongful conception after doctor said she couldn’t get pregnant”, Taryn Asher, June 24, 2016