Marshall v. University of Chicago Hospitals & Clinics

Plaintiff brought a medical malpractice action against the defendant hospitals because she got pregnant with her fifth child approximately 11 months after elective surgical sterilization by tubal ligation. Plaintiff’s original complaint alleged that because of the negligent tubal ligation, she became pregnant. When the negligent count was dropped, plaintiff filed an amended complaint alleging that the defendants failed to inform her that there was a 1% chance of failure of tubal ligation to prevent future pregnancies. She further alleged that had she known the failure rate of 1%, she would…