When is a Failed Tubal Ligation Medical Malpractice?

Tubal ligation medical malpractice

While tubal ligation is a relatively common and simple surgical procedure used as a form of permanent birth control, it comes with its share of risks. Tubal ligation comes with a low mortality risk – about three deaths per 100,000 surgeries – but there are other known health risks. The question is what negative outcomes from an unsatisfactory tubal ligation are grounds for a medical malpractice claim?

How are tubal ligations performed?

Tubal ligations are performed to close the fallopian tubes and prevent pregnancy; the surgery is handled in a variety of ways depending on the recommendation of the surgeon and the choice of the woman. Anesthesia of some form is administered for the surgery. The three most common types of tubal ligation are laparotomy, minilaparotomy and laparoscopy, which access the fallopian tubes via an abdominal incision. Vaginal tubal ligations access the fallopian tubes via the vagina. No matter the way the fallopian tubes are reached, they are closed using various procedures including cauterization, clipping and placing rings around the tubes.

Risks of tubal ligation

The most common risks associated with tubal ligation include:

  • Complications from anesthesia
  • Pelvic infections caused by bacteria from the healing incision or surgical tools traveling to the womb, fallopian tubes, or ovaries
  • Uterine tubes bleeding
  • Perforated uterus
  • Injured bladder and/or bowel
  • Increased risk of future tubal or ectopic pregnancies

Medical negligence: tubal ligation

Every surgery carries risks but when a patient is seriously injured after a surgical procedure they may be wondering if their surgeon or medical team acted negligently. The only way to know for sure if your injury was caused by negligence is to contact an experienced medical malpractice lawyer who can examine your case.

Below are some factors that could show negligence in a medical malpractice claim for failed tubal sterilization:

  • Lack of adequate pre-surgery screening
  • Doctor’s inexperience or lack of training with the surgery or equipment used for the surgery
  • Doctor’s misuse of the surgical equipment
  • Failure to sterilize surgical equipment or other unsanitary conditions that leads to infection
  • Leaving a surgical tool such as gauze inside the patient
  • Sub-standard post-operative care

When is a failed tubal ligation medical malpractice?

In order for a failed tubal ligation to be considered medical malpractice serious injuries must have occurred as a direct result of negligent behavior. In addition, the claimant must show that the medical professional breached their “duty of care” by deviating from acceptable medical standards of care and that sizeable damages were incurred as a result. Damages awarded in medical malpractice cases for tubal ligation may include medical bills, physical pain and suffering, mental and emotional anguish, lost wages, loss of enjoyment of life and loss of consortium.

The most common lawsuit filed over tubal ligation is for “wrongful birth”; when the surgery literally fails to do what it was supposed to do and the woman becomes pregnant. Other types of cases include surgical errors that lead to inflammation of the lining around the abdominal organs, pelvic infection and perforation of organs.

The Seattle personal injury attorneys at Morrow Kidman Tinker Macey-Cushman, PLLC have years of experience representing families harmed by medical malpractice. We seek justice for patients who have been harmed by preventable medical errors including birth injuries, hospital-acquired infections and wrongful death in Seattle and across Washington State. There are no fees or expenses to file a personal injury case as we only receive payment if we recover damages on your behalf. Do not delay; personal injury claims come with a Statute of Limitations, which means they must be filed within a certain time frame of the injury.

Call us now at (206) 752-4366 or contact us online to schedule a free consultation with one of our compassionate, experienced attorneys.