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A Woman Gets Pregnant After Having Tubes Tied… Who Is To Blame?

Point the finger where?

In most cases when a woman makes the choice to have her tubes tied… she doesn’t plan on having anymore children.. ever.

But in the rare case that a post tubal mom ends up with child, where can the fingers be pointed? Or should a finger of blame be pointed anywhere?  I mean, anyone that knows about birth control should know there truly is no form of birth control, other than abstinence that is 100% effective at preventing pregnancy. Right?

Well not one, but three women don’t think so, and they are now suing their OB/GYN’s!  And the suit will make your jaw drop!  Not for malpractice, or the fact that the surgery failed in their eyes, but for child support!

Can you imagine if child support suits like this started all over the United States?

While a tubal is supposed to be one of the most effective methods of preventing pregnancy today, there is a serious disclaimer women need to understand and accept before having it done, and that is… it is not 100% effective at preventing pregnancy.

You have to wonder if these women in New Zealand actually read the fine print before signing their surgical consent forms?

On Cafemom’s blog The Stir, author Sasha Brown-Worsham said:

One would never dream of letting a man who had a one-night stand off the hook for the baby that act created even though he likely had no intention of making one. And he would never sue the condom company (though maybe he should), but a tubal ligation is a different commitment. If a woman had an abortion and was still pregnant, we would say that was the doctor’s fault.

So how is this different?

I say it isn’t! These doctors are partially responsible for the babies that happened on their watch. Maybe not 100 percent responsible. But they are partially and I hope these women win their cases!

Interesting line of thinking, but I have to for once side with the doctors in these cases.  Yeah, me siding with Doctors!  Gasp!

There are two people responsible for the pregnancy, parenting, and raising of the child. The biological mother and father, unless an alternative arrangement is reached, like adoption or an alternative home. The doctor who performed a surgery which a failure rate, which the patient signed the consent form knowing full well there is a failure rate is not responsible by any means.

The doctor did not force the patient have sex.
The doctor did not force the patient to continue the pregnancy to term.
The doctor did not force the patient to become a parent and not choose adoption.

The responsibility falls on the two people who decided on parenthood, and took part in the act that created the child in question. Not a Doctor who did nothing more than his job.

Can you imagine how many doctors and hospitals would be on the hook for child support for children that were the result of a failed tubal, or failed vasectomy?

It is not only unreal to think of, it is absolutely hogwash!

Yes, I said hogwash!

What do you think?

photo: flickr.com/molly_darling


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