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Sterility and Obligation by the Doctor.

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Bleh565

Junior Member
What is the name of your state? Minnesota.

I was recently served with a lawsuit to establish paternity. The woman pursuing this claimed to be sterile while I was with her. Would I be able to get a copy of her medical records to possibly establish this fact? And could the medical staff responsible for such a claim be held liable for the future child support?
 


Ohiogal

Queen Bee
What is the name of your state? Minnesota.

I was recently served with a lawsuit to establish paternity. The woman pursuing this claimed to be sterile while I was with her. Would I be able to get a copy of her medical records to possibly establish this fact? And could the medical staff responsible for such a claim be held liable for the future child support?
Did she have a baby? If she had a baby then she is NOT sterile. And no the medical staff cannot be held responsible. YOU had sex with her and therefore YOU took the chance. Even a tubal ligation is only 99%. So did you use condoms? Did you require her to prove she was sterile before you pounced?

Looks like you could possibly be daddy.
 

Bleh565

Junior Member
Did she have a baby? If she had a baby then she is NOT sterile. And no the medical staff cannot be held responsible. YOU had sex with her and therefore YOU took the chance. Even a tubal ligation is only 99%. So did you use condoms? Did you require her to prove she was sterile before you pounced?

Looks like you could possibly be daddy.

I suppose this might have been better placed in a malpractice forum. Theres at least one case that I know of where a doctor was negligent in a sterilization of a woman who later became pregnant. The woman sued and was awarded a sum of money to assist in rearing her child. This case was in Australia though. Im simply curious if this has come up in the US, if it would be reasonable to pursue a civil judgement against a doctor or hospital for something like this.
 

LdiJ

Senior Member
I suppose this might have been better placed in a malpractice forum. Theres at least one case that I know of where a doctor was negligent in a sterilization of a woman who later became pregnant. The woman sued and was awarded a sum of money to assist in rearing her child. This case was in Australia though. Im simply curious if this has come up in the US, if it would be reasonable to pursue a civil judgement against a doctor or hospital for something like this.
If they actually botched a sterility proceedure, and it could be proven, that might be possible.

However, I doubt that is the case here.:rolleyes:
 

lealea1005

Senior Member
OP, what proof do you have that she was sterile? Her word only?

No, you are not entitled to a copy of her medical records, for any reason.
 

Ohiogal

Queen Bee
I suppose this might have been better placed in a malpractice forum. Theres at least one case that I know of where a doctor was negligent in a sterilization of a woman who later became pregnant. The woman sued and was awarded a sum of money to assist in rearing her child. This case was in Australia though. Im simply curious if this has come up in the US, if it would be reasonable to pursue a civil judgement against a doctor or hospital for something like this.
Are you the woman? Is this Australia? That is a wrongful BIRTH suit. NOT a disgruntled daddy suit. There are so many differences in the situation it is not even funny. There the doctor was found to be negligent. Sued by his patient. You have NO case.
 

Ohiogal

Queen Bee
If they actually botched a sterility proceedure, and it could be proven, that might be possible.

However, I doubt that is the case here.:rolleyes:
Not by him. In the US wrongful birth cases do exist. They are brought by the WOMAN against the medical practitioners and the doctors are proven to have been NEGLIGENT in performing the procedure and so on and so forth. But that doesn't mean there was a procedure performed, or the mother was not infertile and regained her fertility because the PCOS or endometriosis or whatever was handled or that the woman lied or that the OP is lying in hopes of getting out of this.

So even if it was the case -- OP still DOES NOT have a case.
 

LdiJ

Senior Member
Not by him. In the US wrongful birth cases do exist. They are brought by the WOMAN against the medical practitioners and the doctors are proven to have been NEGLIGENT in performing the procedure and so on and so forth. But that doesn't mean there was a procedure performed, or the mother was not infertile and regained her fertility because the PCOS or endometriosis or whatever was handled or that the woman lied or that the OP is lying in hopes of getting out of this.

So even if it was the case -- OP still DOES NOT have a case.
I didn't mean to imply that he did. I was commenting on the mother possibly having a case. I should have been clearer.
 

Bleh565

Junior Member
Not by him. In the US wrongful birth cases do exist. They are brought by the WOMAN against the medical practitioners and the doctors are proven to have been NEGLIGENT in performing the procedure and so on and so forth. But that doesn't mean there was a procedure performed, or the mother was not infertile and regained her fertility because the PCOS or endometriosis or whatever was handled or that the woman lied or that the OP is lying in hopes of getting out of this.

So even if it was the case -- OP still DOES NOT have a case.

Im not lying nor am I disgruntled very much anymore. Simply looking down a few avenues that have been on my mind. Didn't expect to be attacked for asking my question. But aside from that, thank you for the clarification.
 

truebluemd

Senior Member
What is the name of your state? Minnesota.

I was recently served with a lawsuit to establish paternity. The woman pursuing this claimed to be sterile while I was with her. Would I be able to get a copy of her medical records to possibly establish this fact? And could the medical staff responsible for such a claim be held liable for the future child support?

If you wanted her medical records, you may have to ask the court to subpeona them, and they would only do so if the judge felt it warranted. In this case, i dont think your claims of her "sterility" will have merit (but thats my personal opinion), because the family court hears so many excuses of how "its not my fault that she got pregnant," particularily when child support is involved.

I understand your frustration, but what do you expect the court to do? it doesnt change the fact that you had unprotected sex with her.
 

AHA

Senior Member
What is the name of your state? Minnesota.

I was recently served with a lawsuit to establish paternity. The woman pursuing this claimed to be sterile while I was with her. Would I be able to get a copy of her medical records to possibly establish this fact? And could the medical staff responsible for such a claim be held liable for the future child support?
Men don't get sued for getting someone pregnant even though they promised to "pull out" in time, do they?
Even if she had a procedure done to make her unable to have a child, she made the choice to continue the unexpected pregnancy. You are just as much to blame because you didn't take precautions yourself. You are an adult and should be wise enough to protect yourself no matter what some woman tells you.
 

xylene

Senior Member
Even if she DID not have any procedure, and totally friggin lied to you, you are still the childs father (if determined by paternity testing) are totally obligated.

The court is not going to sanction the CHILD with your desire to get out child support because of a womans lie.

Two wrongs do not make a right.
 

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