Strollerderby

Hmmm, depends on the whole story, and whether Brady requested a paternity test or not.  If the doctors did actually insinuate that Mindy had been unfaithful, that's at the very least schmucky behavior, and could be legally construed as defamation - after all, the legal criteria for def states that if someone's livelihood or personal reputation have been damaged, they have a case.  But I'm not sure about the 'negligence' part - as you said, no form of preventing conception is 100 percent, and the Hills should have known or been informed of the - admittedly scance - possibility.  

We had my husband "fixed" (I just love saying that), and not only do they warn you that there can still be some active swimmers in there, they expect you to go through several "donations" before they'll call it a successful operation. So it depends on whether Mr. Hill followed doctor's orders.

Yeah I know a couple who were surprised by a pregnancy post-vasectomy.  As my friend will tell you -- the swimmer count has to be ZERO.  A low count still means you can get pregnant.  All you need is one little guy.  

@crysbellis  - you raise a good point (echoed by others), that is part of whether or not the docs were negligent. If they fully informed the couple that it doesn't work all the time, and so they needed to choose whether to use additional forms of b.c., I think negligence is hard to claim (unless the reason the vasectomy didn't work was because of an unreasonable error by the doc) - but if they didn't, perhaps it should be s.o.p. for this procedure, and build a stronger case on the negligence claim?

Geez, just imagine being that kid - "Mommy and Daddy didn't want you so much they SUED because you were born." Yikes.

Of course the  media has only picked out parts of our case.  Of course we know that vasectomies are not fullproof.   If you read our case in it's entirety, many steps along the way were mishandled.   We already have 3 beautiful children ages 19, 17, and 7.  I was 41 at the time, and upon our huge "surprise", we did come around to embracing the idea of another child.  The pregnancy resulted in miscarraige, and I insisted on the paternity test from the d&c because we had been treated with such disrespect by the clinic's insinuations about my fidelity.  Our negligence points in our case involve post op instructions not being up to industry standards - dr. only required 10 ejaculations and one test, which my husband followed as directed.  Also, there is doubt as to whether the clinic handled the "sample" properly, or tested it at all, as there was nothing but a handwritten "all clear" on a notebook piece of paper in Brady's medical file.  Thank you for all of your comments, but remember, there are more details in the actual case and my hope through all of this is that it doesn't happen to someone else.

Yep, calling Mindy a cheater is per se defamation depending on the jurisdiction. Absolutely she should win!