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 "duty of care" individuals owe to one another is different from the "standard of care" physicians are required to provide for Illinois patients. Negligence is rooted in careless personal behavior that may or may not be intentional. Medical malpractice, like surgical errors or failure to diagnose correctly, is negligence at a professional level.