my ob lied to me. i asked her if the btl surgery was done to me during my cesarean delivery, she replied "YES" after a few months ago i got pregnant again. i went back to her and asked ..why i got pregnant again if i was ligated. she denied that she said yes to me. i showed to her my discharge and summary instructions that the or technique was cesarean with bilateral tubal ligation, she said she did not read the instruction and she just signed it. do i have a case here?
Did the operative consent that you signed before the procedure state cesarean section AND bilateral tubal ligation? If it did then you would have a case unless she explained afterwards why it wasn't done. If the BTL wasn't mentioned on the permit she could be criminally liable if she sterilized a patient without their permission. That is what happened to hundreds of black women in the 50's and innumerable native americans in the 70's. In most hospitals, the consent for sterilization is a completely separate consent in addition to the one for the c section.
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