When Alba Avendano had her fallopian tubes removed, she assumed her child-bearing days were over. A year later she learned she was pregnant, and now she’s suing Tualatin’s Legacy Meridian Park Hospital for allegedly botching the operation.
A lawsuit filed Aug. 14 in Multnomah County Circuit Court says Avendano had a bilateral tubal ligation at the hospital on Sept. 23, 2004, after the birth of Avendano’s third child.
A pathology report of the tissue removed identified only a single fallopian tube segment instead of two, according to the lawsuit. But Avendano claims she was never informed of those results.
That caused Avendano “to engage in subsequent sexual activity without knowing of the need to use contraception,” according to the lawsuit.
A year later, on Sept. 20, 2005, Avendano learned she was pregnant with her fourth child. After the baby was born, Avendano had another operation for tubal ligation. Doctors found out during the surgery that her entire right fallopian tube had been left intact after the first operation.
A spokeswoman for Legacy Meridian Park Hospital declined to comment.
The medical malpractice suit, filed by attorney Jack Oswald, names Dr. Drea Olmstead, Legacy Meridian Park Hospital and Women’s Healthcare Associates LLC as defendants. The suit seeks $1 million for the cost of caring for the child, $1 million for emotional distress and $30,000 for medical expenses.
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Doesn’t menstration alternate between the fallopian tubes? And if so, wouldn’t the menstration every other month have given it away?
Menstration is a function of the uterus, not the fallopian tubes. It is the shedding of blood and tissue from the uterus where it built up previously to prepare for possible pregnancy. Whether or not an egg is released and passes through the tubes, a woman still menstrates unless some form of hormone or drug is given to prevent it (or her uterus has been removed). So, no, there wouldn’t have been menstration only every other month.
That’s right — it’s ovulation that alternates between fallopian tubes. Menstruation is monthly, regardless of whether an egg is making its way down to the uterus. I can speak from experience to how awful it is to become pregnant when a birth control method fails.
Is it possible to sue a doctor for a similar reason, such as getting pregnant 4mo. after a tubal. I know the the cases are not the same or even close, but when a woman makes that decision when can the doctor be held responsable?
God Tikuko….Health 101…i hope youre not a woman,….god youre dense..and please dont have children cuz you might pass those IQ genes on….omg
Wow, I think that was a little uncalled for. I don’t think she’s dense, maybe a little uninformed, but that’s why she asked jackass.
I 100% agree with this person sueing the doctor, the hospital, and most likely the clinic that the doctor works with/for.
A tubal ligation is BOTH fallopian tubes, and not just one.
But the thing is this women should never have got pregnant for the 4th time, after which she told the doctor that she wanted a tubal ligation, and in the article, it states they removed part of the fallopian tubes, that is 100% effective birth control in addition to abstenence. If you just go in and go snip snip, and then "tie" off the ends, that is not 100% effective (or even just tying off the fallopian tubes).
To Regina (if she still watching this particular post), Yes, you can get pregnant 4 months after a tubal. It all depends on what the doctor did for the tubal. There are 3-4 different methodes for a tubal ligation. Only 1 of them is 100% effective against pregnancy. It is where they go in, snip the fallopian tubes, take about 1cm then they bend over the cut ends, and tie they down (the cauterize the ends, and flap them over and tie down like the due for seams in clothing).
can a person suit a doctor for not performing a tubal after she gets pregnant..
i had the paragard removed after having it in for almost 3 months because i was having some problems i was haveing a discharge withc was smelly white and yellow my doctor thought it was just an in fection so i left the iud in for about 2 more weeks but that wasnt it i begain to have pain with intetcourse so i had the iud removed and still my problems got worse and i had surgry and they found out both my tubes were filled with fluid and no one would dop anything about it so i had to have them both removed that was almost two years ago i was only 19 than and know they found out because im having the same problems all over again that i have fluid around my ovarys. what and i going to do