A pregnancy that occurs late in life can result in serious medical complications for both the mother and her child. Because of this, women that reach a certain age may make the decision to undergo medical procedures that ensure she will not become pregnant. Readers in New Mexico may have an interest in a rare medical malpractice lawsuit that was filed by a woman who is seeking financial restitution due to the undue stress caused by an unplanned pregnancy.
According to a recent article, the woman went to her physician in 2008 and requested to undergo a procedure called a tubal ligation. This is a surgical procedure for female sterilization that involves severing and tying the fallopian tubes, and typically ensures that a woman cannot become pregnant. The woman’s doctor told her that she should not have the procedure, as she had no chance of becoming pregnant due to the fact that her tubes were blocked. The physician also told her that it was unnecessary for her to take birth control because of her condition.
Years later, the woman became pregnant at age 45 and gave birth to a daughter with Down syndrome. Due to her age, the mother is plagued by concerns that she will not be able to experience the fullness of her daughter’s life as the little girl matures. While the mother feels incredibly blessed that she has her daughter in her life, she has experienced significant emotional strain that has profoundly impacted her life.
Those in New Mexico who have experienced similar situations where a physician’s mistake has impacted them greatly could benefit from consulting an attorney who is experienced in medical malpractice litigation. An attorney in this area of law will be in a position to discuss the legal recourse available to the patient. In a civil case, a patient may have the ability to seek damages due to emotional stress or pain and suffering if the court finds that the physician was negligent in his or her diagnosis.