A Maryland woman who had several young children advised her OB during her most recent pregnancy that she wished to have her tubes tied after she gave birth so that she would not have any more children because she and her husband could not afford to raise any more children. The OB agreed to perform a laparoscopic tubal ligation procedure to comply with the patient’s wishes, which was done several months after the woman had given birth.
Unbeknownst to the patient, a first-year OB resident apparently performed the woman’s sterilization procedure. The operative note for the procedure stated that a particular sterilization procedure was performed (using Falope Rings) but other surgical records indicated that another type of sterilization procedure was performed (using Filshie Clips), which was confirmed by subsequent radiological testing. The first-year resident dictated the operative note stating that Falope Ring tubal ligation was performed, detailing the step-by-step process consistent with a Falope Ring tubal ligation, and the attending OB signed off on the operative report the following day.
The patient was told by her OB that her tubal ligation procedure was successful. The OB also told her patient that the failure rate for the birth control procedure was one-in-four-thousand.
About eight weeks later, the woman found out that she was pregnant, and an ultrasound ordered by the OB determined that the pregnancy was at five weeks. The patient and her husband made the difficult decision to terminate the pregnancy, which was accomplished by medication provided by the OB.
The patient alleged that her OB never advised her that she should use alternate methods of birth control or that a radiological test could determine if her tubal ligation procedure had failed (the OB’s medical records mentioned neither). About eight weeks later, the patient found out that she was six weeks pregnant (her second pregnancy after undergoing the sterilization procedure). Again, the OB provided the patient with medication to abort the fetus.
This time, the patient, on her own initiative, arranged for medical testing to determine if her tubal ligation procedure had failed. The test (hysterosalpingogram) determined that one of her fallopian tubes was not properly occluded and that the sterilization procedure was not the type as indicated in the operative note but rather used Filshie Clips.
The woman made a Maryland medical malpractice claim against her Maryland OB, alleging that the original sterilization procedure was negligently performed (whether by the OB or by the resident – it was unclear from the records who had actually performed the tubal ligation procedure or what type of procedure was performed), that the OB negligently failed to timely order medical testing to determine if the sterilization procedure had failed, that the OB negligently failed to remedy the failed sterilization procedure, that the OB had negligently failed to advise the patient to either abstain from sex or to use alternate methods of contraception while the reason for her pregnancies was being investigated, and for other alleged negligent acts and omissions in the medical care and treatment she was provided.
The woman’s Maryland medical malpractice claim was recently resolved under undisclosed terms.
If you or a loved one suffered a failed sterilization procedure in Maryland or in another U.S. state, you should promptly find a Maryland medical malpractice lawyer (or a medical malpractice lawyer in your state) who may investigate your failed sterilization procedure claim for you and represent you in a failed sterilization medical malpractice case, if appropriate.
Visit our website or call us toll-free in the United States at 800-295-3959 to find medical malpractice attorneys in Maryland or in your U.S. state who may assist you with your failed birth control claim.
Turn to us when you don’t know where to turn.