Mom Sues Doctor for Letting Her Get Pregnant​

pregnantSurely you've heard of a wrongful death lawsuit, but have you ever heard of a wrongful pregnancy suit? That's what a mom in Illinois is claiming right now. Cynthia Williams is suing the doctor who performed her tubal ligation because she got pregnant with a sick child after the surgery that was supposed to render her sterile.

The decision to sue has drawn criticism of the 40-year-old mother of four from folks who worry about the message Williams is sending her daughter. But what about the message she's sending the medical community?

According to Williams' lawsuit, she and husband Kenneth discovered that they both carried a trait for sickle cell anemia after the birth of their second child. They decided not to have any more children ... because they didn't want to risk passing down a dangerous hereditary disease to another child. Unfortunately the rhythm method didn't work ... they got pregnant again, which is when they decided to seek a more permanent birth control option.

More from The Stir: Mom Delivers 'Miracle' Baby After 22 Years of Infertility

Got that? They weren't just done having kids. They were done having kids because of a serious health condition!

What's more, the lawsuit alleges Williams' doctor botched the surgery. Because she'd lost her right ovary to a cyst at age 12, the Illinois mom only needed to have the tube to her left ovary severed or "tied." Unfortunately, Williams says the doctor tied the wrong tube!

Six months later, she got pregnant with daughter Kennadi, who was born with sickle cell anemia. The 4-year-old will face a life of health complications, from possible strokes to pain and infections. 

Can you blame her mom for being upset?

People can go on and on about this little girl's rights and how she should be loved and protected, but what about the rights of her mother? Can't we have both? Can't a mom talk to her daughter about what's going on, make sure she understands this is a medical issue and not a test of love?

To me this sounds like a pretty clear-cut case of a woman suing her doctor for malpractice. It's not about how much she does or doesn't love her child. It's about a woman going into a medical practitioner's office for a procedure and her right to expect that the doctor will DO his job.

Sterilization is a tricky thing because the result of a doctor getting it wrong -- whether on purpose or by accident -- is the creation of a human being. No one wants to say that a human being shouldn't exist.

But sometimes we have to have uncomfortable conversations because they're the right ones to have. A doctor can't get away with screwing up someone's surgery. Period.

What would it take for you to sue for "wrongful pregnancy"? How would you tell your kids?

 

Image via Photos by Lina/Flickr

doctors, birth control

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the4m... the4mutts

I don't think it sends a bad message at all. They'll need money for the medical care they have to provide to a child that wouldn't even exist if the doctor had been paying attention!

nonmember avatar me

Tubals aren't 100% effective anyway. How does she know her Dr tied the wrong one?

Tyson Fricker

Malpractice. Pure and simple.

Jacee... Jacee2348

This lawsuit is actually justified in my opinion, as opposed to so many other frivolous ones.  This does not mean she doesn't love her child; it means that this doctor should pay for his (or her) gross negligence. 

nonmember avatar agree

Even if the child DIDN'T have a condition, I would still at least consider suing. Kids can be very expensive, and if you we're under the impression there was no way you could have another...wouldn't mean I didn't love my child, just that I would want to do everything possible to provide for them.

Jozemom Jozemom

I was ready to call "money grab" until I read that the doctor tied the wrong tube.  If that part is true, they have every right to sue.  

nonmember avatar myop

THE TITLE OF THIS ARTICLE IS VERY MISLEADING. SHE IS SUING HIM BECAUSE HE "TIED THE WRONG TUBE." SHE ONLY NEEDED 1 TUBE TIED AND HE DID THE WRONG ONE. HE SHOULD BE HELD RESPONSIBLE FOR HIS ACTIONS BECAUSE HE MADE A MISTAKE. IT WASN'T JUST THAT SHE GOT PREGNANT AFTER A STERILIZATION, ITS THAT IT WASN'T PERFORMED CORRECTLY. I SWEAR SOME OF YOU PEOPLE ARE EITHER ILLITERATE OR MENTALLY CHALLENGED.

Elaine Cox

she says he tied the wrong tube...and im sure he says he tied the right one...she will lose in court...but most likely get a settlement which is what she wants

JaChic JaChic

I think this lawsuit is completely warranted. This woman made a responsible medical decision after ALREADY having one child with sickle cell anemia to tie her tubes. IF, indeed, the doctor did tie the wrong tube, then I do think he is 100% at fault. However, as another commenter said, tubal ligation isn't 100% effective and if it turns out the right tube was tied and she still got pregnant, I do not think she has a case and the doctor should not be responsible. 

CLM3345 CLM3345

I agree with the other commenters, I think she has a right to sue. I'm certain she loves her child, but that baby girl will need a lot of medical care, which is very expensive. If the doctor made an error during surgery, he is absolutely responsible. Yes, we're all humans and make mistakes, but we all have to pay the consequences of those mistakes, the doc should as well.

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