Can I sue a hosptial for my tubal litigation failing even though I didn’t get pregnant?

UPDATED: Oct 1, 2022

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Can I sue a hosptial for my tubal litigation failing even though I didn’t get pregnant?

The clips to prevent a pregnacy moved out of place causing it for me to be at risk to get pregnant again.

Asked on August 6, 2018 under Malpractice Law, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you have the surgery redone, you could potentially sue for the out-of-pocket (not paid by insurance) cost you incur, since that is your loss. The law only provides compensation for actual harm, injury, cost, etc. you incur, not for "risks" or what "could" or "might" happen. So if you didn't get pregnant, your only actual harm is additional medical cost; unless that was very high, it is likely not worth the cost of a malpractice case, which can be expensive due the necessity of hiring a medical expert witness (e.g. doctor) to testify. 

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