Patient Partially Sterilized Without Consent: A woman who gave birth by emergency Cesarean section delivery in May 2021 at Mount Sinai Hospital in North Lawndale, Illinois had one of her fallopian tubes tied immediately after the C-section before the doctor realized that the woman had not consented to the procedure and that the sterilization procedure should not have been performed on her. The woman filed her medical malpractice lawsuit in June 2021 after her Illinois medical malpractice lawyer was unable to resolve her claim with the hospital.
The woman’s lawyer stated, “There was no planning. There was no attempt to get consent, and the doctor went ahead and did it. The absurdity of that is really quite profound. It’s something nobody expects, and for somebody who just had a baby … that is particularly shocking.”
The woman desires to have more children but now fears that she will be unable to conceive. She has tried to get pregnant again since last year but has been unsuccessful so far. Her medical malpractice lawyer stated that she “is not a person who is feeling great about additional surgeries and procedures on her abdomen … [she] was shocked and confused about what happened. And that’s part of why she may not be interested in having additional procedures in the future.”
A spokesperson for the hospital stated, “Providing comprehensive, compassionate and safe care to every patient is Sinai Chicago’s highest priority. We have strict procedures and protocols in place to protect the health and welfare of every person who comes through our doors.”
History Of Forced Sterilization In California
From 1909 through 1979, under state eugenics laws, thousands of people who lived in California state-run hospitals, homes and institutions were sterilized. Those laws were repealed in 1979. However, it was later found that forced or coerced sterilizations continued to be performed on people in custody at state prisons or other correctional facilities under the California Department of Corrections and Rehabilitation.
Beginning in January 1, 2022, survivors of state-sponsored sterilization in California can apply for compensation through California’s Forced or Involuntary Sterilization Compensation Program, which is being administered by the California Victim Compensation Board (CalVCB). California is providing $4.5 million to be split evenly among all eligible individuals who apply, in addition to $2 million for administration and outreach for the program and $1 million to establish markers or plaques at designated sites that acknowledge the wrongful sterilization of thousands of vulnerable people. It is estimated that at least 600 survivors of forced sterilization are still alive today and eligible for compensation.
Governor Gavin Newsom stated in announcing the new program, “California is committed to confronting this dark chapter in the state’s past and addressing the impacts of this shameful history still being felt by Californians today. While we can never fully make amends for what they’ve endured, the state will do all it can to ensure survivors of wrongful sterilization receive compensation.”
If you or a family member were injured as a result of medical malpractice in the United States, you should promptly find a medical malpractice lawyer near you who may investigate your medical malpractice claim for you and represent you or your family member in a 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 your state who may assist you.
Turn to us when you don’t know where to turn.