Present day medicine allows a woman to seek voluntary sterilization to avoid the possibility of having a child unexpectedly. However, if a doctor fails to perform a sterilization correctly, a woman could be left with a difficult decision about how to handle an unwanted and unexpected pregnancy. If you become pregnant due to a medical mistake, you should consult with an experienced Maryland wrongful pregnancy attorney as soon as possible.
A woman should not have to worry that a medical mistake will leave her with a tough decision about what to do after an unwanted pregnancy. A doctor’s mistake during sterilization could impact a woman for the rest of her life, which is why a doctor should be held legally liable for their negligence. The Law Offices of Randolph Rice is here to help you seek compensation after a wrongful pregnancy. To schedule a free legal consultation to discuss your case, contact the Law Offices of Randolph Rice at (410) 694-7291. You may also contact the firm online.
Grounds for a Wrongful Pregnancy Lawsuit in Maryland
A wrongful pregnancy, also known as wrongful conception, is an incident where a woman becomes pregnant after undergoing an operation for voluntary sterilization or tubal ligation. When performing a procedure for sterilization, a doctor will typically sterilize the woman’s fallopian tubes where an egg moves from the ovaries to the uterus. However, if a doctor mistakenly only sterilizes one tube, there is a chance that a woman could still become pregnant, which can lead to a wrongful pregnancy claim.
It is important to note that a wrongful pregnancy case can arise whether a woman or man underwent surgery for sterilization. Some couples may choose which partner undergoes a tubal ligation or vasectomy to ensure that the couple cannot conceive a child. Unfortunately, a medical mistake, an unexpected pregnancy, can completely change a person’s life.
There are a number of reasons that a person or spouse may choose to have a tubal ligation or vasectomy. For example, if a couple does not wish to pass on a hereditary illness to their children, a tubal ligation or vasectomy would be a viable option to avoid this scenario. Spouses may consider voluntary sterilization for many other reasons:
- The partners would financially struggle to raise a child
- A couple believes they are too old to raise children
- Partners agreed on not having children
Fortunately, Maryland is one of many states that allow a person to file a lawsuit for a wrongful pregnancy. Some states still uphold laws where a victim cannot seek damages from a doctor due to the expenses of raising a child.
To learn more about Maryland laws regarding wrongful pregnancy lawsuits, you should continue reading and speak with an experienced Maryland wrongful pregnancy attorney.
Damages for Wrongful Pregnancy in Maryland
Maryland is a state that permits victims of a wrongful pregnancy to seek compensation for the unintended conception of a child. Damages for a wrongful pregnancy can be awarded for a number of reasons. For example, a parent can seek damages for the failure of a tubal ligation or vasectomy. There are other damages that can be awarded for a wrongful pregnancy:
- Costs of raising a child
- Costs of childcare
- Loss of wages
- Expenses for terminating a pregnancy
To be awarded damages for wrongful pregnancy, a plaintiff must show how a doctor acted negligently. To prove negligence, the following elements must be shown:
- The defendant owed the plaintiff a duty of care
- The defendant breached the duty of care to a plaintiff
- The plaintiff sustained an injury due to the defendant’s negligence
- The plaintiff suffered losses or an injury that is compensable by a court of law
When to File a Lawsuit for a Wrongful Pregnancy in Maryland
If you were the subject of a wrongful pregnancy, you should waste no time in seeking compensation for your injuries due to the statute of limitations. The statute of limitations sets the length of time that a potential plaintiff has to file a lawsuit with a court of law.
The amount of time provided to file a case will vary depending on a number of factors from the details of the case to the state where the plaintiff wishes to file the case. As a result, you should avoid making assumptions about the statute of limitations for your case.
In Maryland, a plaintiff must file their medical malpractice lawsuit within five years of the date of the injury. Alternatively, if the injury is not discovered immediately, the plaintiff will have three years from the date of the injury to file suit with the court. This means that a plaintiff would have five years or three years to file a lawsuit, depending on the circumstances of the case.
Our firm is here to help you seek compensation for your wrongful pregnancy. We welcome the opportunity to work with you on your medical malpractice claim.
Our Experienced Maryland Wrongful Pregnancy Lawyer is Ready to Work with You
If you or a family member was a victim of a wrongful pregnancy, contact an experienced Maryland wrongful pregnancy lawyer today. Our firm is prepared to fight for the damages you deserve after a wrongful pregnancy. To schedule a free legal consultation to speak about the details of your potential lawsuit, contact the Law Offices of Randolph Rice at (410) 694-7291. Our firm is also available online.