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Woman claims wrongful pregnancy after surgical error debacle

A woman whose botched tubal ligation led to an unexpected pregnancy is seeking financial compensation from the physician who indirectly caused her pregnancy. The Illinois woman had sought the procedure after deciding not to have any more children. The woman and her husband are both sickle cell trait carriers, and her new daughter was born with sickle cell disease. News reports show that the woman is livid about the surgical errors that led to her latest pregnancy.

The woman lost her right ovary in her youth because of a cyst. When she decided to stop having children, she tried taking birth control pills, but was forced to abandon that method after experiencing high blood pressure. Instead of pursuing further pharmaceutical options, the woman decided to undergo a tubal ligation for permanent sterilization.

The woman claims in her lawsuit that the physician tied, and cauterized her right Fallopian tube, leading to the damaged ovary. The left tube was left untouched, according to physicians' notes during the woman's Cesarean section. As a result of the birth, the woman suffered congestive heart failure.

The medical malpractice situation also extends to the child, now age 4. She is destined for a lifetime of health difficulties because of the sickle cell disease, which causes deformities in red blood cells. Those problems can lead to infection, stroke and continued pain.

This wrongful pregnancy suit appears to be the first of its kind in the state of Illinois. The woman is seeking financial compensation for emotional distress, personal injury, lost wages and additional expenses associated with raising her sick daughter. Women who have been victimized by similar surgical errors may also be eligible for receiving compensation from the at-fault physician. An Illinois attorney may provide additional information about legal rights and options.

Source: RTV6 ABC, "Mom sues doctor for wrongful pregnancy" Katie Moisse, ABC News, Mar. 18, 2014

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