New Brunswick Court Orders Compensation for Mother of Baby Born after Failed Tubal Ligation

by John McKiggan

The National Post has reported that a mother from New Brunswick who became pregnant after a failed tubal ligation has been awarded $90,000.00 in compensation.

The woman, who was 26 years old at the time of the procedure, had three children to support, her husband was seriously ill, his business was failing and the couple had lost their house and car. To prevent the expense of further additions to the family, she had a tubal ligation, a permanent sterilization procedure thousands of Canadian women undergo every year.

After she became pregnant, she filed a medical malpractice lawsuit against the doctors that performed the procedure and the Hospital where the procedure was performed.

Madam Justice Paulette Garnett of the New Brunswick Court of Queen’s Bench concluded the hospital had failed to properly maintain the tubal-ligation equipment, leading to the failure.

Justice Garnett acknowledged how suing for the birth of a healthy child might be perceived:

“Sometimes the birth of a child is not a blessing. It is often a burden,” Justice Garnett wrote in her judgment.

“Medical science has made it possible for families to limit the number of children they have, and, in this country, the vast majority of them do … The fact that (she) now treasures her unplanned child is irrelevant. It is relevant that she has to feed, clothe and educate her.”

You can read the entire decision here.

If you think you or a family member has suffered a loss or injury as a result of medical malpractice you can contact us for a consultation or request a free copy of my book:
Why 98% of Canadian Medical Malpractice Victims Never Get a Penny in Compensation: The Consumer’s Guide to Medical Malpractice Claims in Canada.

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