Woman claims "I was sterlized against my will!" after having 9 children...

[deepimpact2]

Originally Posted by Kevin

That's why I went with Battery. With Battery, you get straight to punitives (without all those nasty medmal caps). With malpractice, since it's a negligence based claim, I'm pretty sure you have to prove damages to win.

I'm definitely not a medmal guy and don't (yet) do civil rights cases, although I'm planning on getting around to calling up the federal Bar's pro bono folks to do pro bono prisoner civil rights claims against the state.... so maybe in a couple years I'll revive this thread and wax eloquent on the requirements of 42 USC 1983, et. seq... but not today

Yeah, you do have to prove damages. She wouldn't likely be able to prove special damages (unless the bill for the tubal ligation was more than a bill would be for the IUD), but she could perhaps get general damages.