The possible ways a woman’s sterilization surgery may go wrong will depend to some extent on the original reason for performing the operation, as this will determine whether the surgery achieves its intended medical or therapeutic goal. However, in some cases, even a surgery that is “successful” in the sense of achieving the specific outcome for which the operation was recommended can still “go wrong” in the sense of causing additional complications, during or after the procedure, with negative implications for the patient’s health. If complications arise because a surgery goes wrong due to inappropriate actions, or negligent failures to act with appropriate care, on the part of the medical staff involved in the patient’s care related to the procedure, then it may be possible for the patient, or in the most tragic cases the patient’s family, to recover compensation for the damages suffered along the way – whether those damages consist primarily of added medical expenses, loss of income due to missed work, reduced quality of life, or a number of other possible harms. An experienced attorney and women’s health advocate with Erin Marshall Law may be able to explain your legal options in a personalized consultation, so call (505) 218-9949 today to schedule an appointment with our Albuquerque office.
Understanding Sterilization Surgery
There are several types of surgery that may be considered “sterilization” procedures. Some of those procedures are conducted primarily in order to resolve unwanted fertility, for instance, if a woman has already had all the children she wants and would like to avoid the financial investments and mental labor of managing ongoing contraception, or if there is someone for whom pregnancy would be expected to pose a substantial health risk even in its very early stages, so that it is critical to take steps to prevent conception. Other operations may have permanent sterility as one of their side effects, even if sterilization is not usually the primary reason for performing the surgery. Examples in this category include hysterectomy and oophorectomy, both of which are relatively common operations among women who have passed the midpoint of their thirties.
There are a number of procedures performed on women for the express purpose of preventing future contraception. A 2023 review presented in Frontiers In Medicine notes that the most common surgeries in this category include tubal ligation (when performed postpartum), salpingectomy or tubal disruption (both performed by laparoscopy), and tubal occlusion performed via hysteroscopy. As the study authors note, surgical procedures for permanent female sterilization have come to pose a significant liability risk for medical care providers working in obstetrics and gynecology (ob-gyn) medical fields. Incompetence or negligence during the surgery itself, or during procedures for pre-surgical patient evaluation or post-operative care, have been recognized in numerous court cases as grounds as causes for patients to seek a legal remedy when the failures of medical professionals result in avoidable complications that negatively impact a patient’s health.
Ways Sterilization Surgery Goes Wrong: Risks Related to Sterilization Failure
When a sterilization surgery goes wrong, it can be because the surgery achieves its ultimate goal (eliminating fertility), but causes additional complications. On the other hand, it can also be because the surgery, though it may not lead to any other medical complications directly, fails to achieve permanent sterilization and therefore leaves the patient at risk of pregnancy. Defined as a “failure” of the sterilization procedure, this particular way that surgery goes wrong can have devastating effects in part because the patient will in many cases not be alert to the possibility of a pregnancy – leading to delays in testing for pregnancy, and potentially increased chance of a high-risk pregnancy with its own complications.
The risks vary by the sterilization method originally used, but a 2014 study, published in the International Journal of Applied and Basic Medical Research, that reviewed data collected on women in India who had become pregnant after undergoing supposedly “permanent” sterilization procedures, found that extremely dangerous “ectopic” pregnancies occurred in roughly 10% of patients who experienced sterilization failure. Ectopic pregnancies, in which a fetus begins to develop outside the uterus, are among the leading causes of maternity-related death, and are often an indication for emergency surgery – an urgent necessity that is even more concerning in light of the fact that a woman who has undergone surgical sterilization is unlikely to think of pregnancy as the first explanation when she begins to experience symptoms.
Ways Sterilization Surgery Goes Wrong: Complications From Procedure
When a tubal ligation or other sterilization surgery goes wrong because the operation fails and the patient becomes pregnant, the outcomes can be tragic – even deadly. However, sterilization failure is not the only way sterilization surgeries can go wrong. Depending on the specific surgery performed and the factors present in the individual patient’s situation, a hysterectomy, oophorectomy, tubal ligation, or other female sterilization procedure can result in a range of potential complications, including:
- Damage to internal organs, such as bowel or bladder
- Adhesions caused by excess scar tissue
- Uncontrolled bleeding
- Abdominal hernia
Sadly, given the time constraints at many patient appointments and a climate of widespread failures in doctor-patient communications, scenarios in which women undergo surgeries that will permanently affect their futures even if everything goes according to plan without being truly informed regarding their options are all too common. If this unfortunate situation has already happened to you, consider speaking with an attorney at Erin Marshall Law to discuss what legal options may be available for holding malpractice to account and pursuing the brightest possible future for yourself and your family, with or without children.
Steps To Take if Your Sterilization Surgery Goes Wrong
While physicians and other medical professionals do owe their patients an important duty of care, the reality is that not all healthcare providers take this responsibility as seriously as they should – and even when they do, no one is totally immune to human error. The steps you may need to take if your tubal ligation or other sterilization surgery goes wrong may ultimately depend not only on the procedure itself but on what goes wrong and when. However, one important step you can take, at any stage of the process and in almost any scenario, is to commit to becoming an informed and assertive advocate for your own care. The specifics will vary depending on the circumstances, but there are a few general principles that are likely to apply across a wide range of medical complications and concerns.
Ask Questions
You are the patient. The medical staff treating you, no matter how experienced or highly credentialed, are there to help and take care of you – not the other way around. Your understanding of the procedure, the risks involved, the requirements for post-operative care, and any alternatives that may be available are crucial to your health. Informed consent is a fundamental responsibility, not an afterthought to be “tacked on” only when convenient.
If you are uncertain at any point of what the surgeon is proposing to do, what you should do or watch for after the procedure and over the coming days and weeks, or what your options may be if some aspect of the surgery goes wrong, be proactive in requesting answers. Even if you have already had the procedure and are now dealing with complications after the fact, it is important for you to understand what went wrong and what this means for your treatment options going forward. You may also want to ask your questions to more than one physician – your health is worth a second opinion.
If You See (or Hear) Something, Say Something
Patients might be surprised at how many life-altering medical mistakes are the result of seemingly “simple” inaccuracies or inconsistencies in medical records and their attendant “paperwork.” If you hear a date, prescription, procedure, or diagnosis that sounds unfamiliar, speak up. If you see an error in your chart regarding medication dosage, a history of past surgeries, allergies, reported symptoms, or any other element that does not match with your own recollections, let the person in front of you know – and consider checking back to make sure the issue has been resolved. Similarly, if you notice that anything that might be relevant – even if you are not sure how – regarding your symptoms or medical history is missing from your patient record, do not hesitate to ask for a note to be added to your patient file.
Keep Detailed Records
Medical offices are often subject to at least some general requirements relating to the maintenance of patient records – but those records can include errors, encompass omissions, or suffer from data loss under a host of different circumstances. Even assuming that your patient records are updated regularly and that the medical office’s data storage remains secure, there is no substitute for maintaining your own record of your experiences as a patient. Document the professionals with whom you speak, the recommendations they make regarding your care, any caveats or alternative options presented, and the post-operative instructions you are given to follow at home, as well as all information shared with you to help you understand the surgery and your own immediate and long-term prognosis. Record the dates and locations of every office visit and pre-operative or post-operative consultation.
If you are scheduled for any form of diagnostic, such as an ultrasound or other imaging test to help determine the most appropriate method for performing your surgery or to identify why your procedure has gone wrong, record the dates those exams are scheduled and the name of the physician or other health care provider who orders each test, as well as the dates when the tests are actually conducted and the names of both the testing center and the technicians or other professionals who administer the tests. You may want to make especially sure that you take note of any mention of warning signs or contraindications. Following up on your concerns in the moment can be helpful, but even if you find yourself struggling to navigate a complex system to access remediating care, you may be able to share your records with an attorney who can offer perspective on your legal options for seeking a remedy to help you move forward.
Speak With an Experienced Medical Malpractice Lawyer
When a sterilization surgery goes wrong, the results are often life-changing. They can be tragic. Too often, complications following procedures such as tubal ligation, salpingectomy, or other interventions in the female reproductive system cause avoidable suffering and years of reduced quality of life and personal heartache. If you find yourself in one of these scenarios, do not hesitate to seek professional assistance and support. Reach out to an experienced attorney in your area with an established record of advocating for patients’ rights and women’s health care. Call Erin Marshall Law today at (505) 218-9949 to speak with a member of our Albuquerque staff.
