A Toronto couple has launched a rare “wrongful pregnancy” medical malpractice claim against Mount Sinai Hospital and two staff members. The couple alleges that hospital staff failed to perform a scheduled tubal ligation, also known as having one’s “tubes tied,” following a C-section in 2011.

“When I took the pregnancy test and discovered that it was positive, I was honestly just in a state of shock and disbelief for quite a while,” said the mother, Jen, to the CBC. “I thought that I defied some insane odds.”

The CBC withheld the couple’s last name to protect their privacy.

Jen and her husband, Jim, have filed an $800,000 medical malpractice claim against the hospital. Jen had requested the tubal ligation at the same time as having a C-section to deliver twin girls. The procedure was never performed, and the couple believes Mount Sinai should be responsible for some of the costs of raising their fourth child.

“We love her very much. There is joy. Children bring joy. They also bring stress. They bring a lot of expenses,” Jen said.

The couple’s statement of claim alleges that “the defendants were negligent in failing to schedule and/or perform the tubal ligation, in failing to realize the tubal ligation was not performed and in failing to advise [Jen] that the tubal ligation had not been performed.”

In its statement of defence, Mount Sinai denies “that there was any breach of duty, want of care or negligence” on its part.

“At the core of a wrongful pregnancy lawsuit like Jim and Jen’s is the right of a woman, together with her partner, to make reproductive choices,” the couple’s lawyer told the CBC. “When, as a result of medical error, that right has been infringed, the parents should be fully compensated for all the costs that flow from that error.”

While Jen did not suffer any lasting physical injuries as a result of Mount Sinai’s alleged error, she and her husband have had to accept substantial financial responsibilities for which they may not have been prepared. The hospital’s error prevented them from planning appropriately, and also caused mental anguish for which the couple deserves compensation.

If you have been injured or wronged by a medical institution, contact Neinstein Personal Injury Lawyers today to arrange a free, no-obligation consultation with our Medical Malpractice Group. Our team will provide advice and guidance as you consider launching a medical malpractice claim.

Greg Neinstein

Greg Neinstein, B.A. LLB., is the Managing Partner at Neinstein Personal Injury Lawyers LLP. His practice focuses on serious injury and complex insurance claims, including motor vehicle accidents, slip and fall injuries, long-term disability claims and insurance claims. Greg has extensive mediation and trial experience and has a reputation among his colleagues as a skillful negotiator.
Greg Neinstein