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March 03, 2006

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j hubbard, MD

This case would not qualify for "malicious prosecution" which requires an accusation of a crime. "Improper civil litigation" is the proper tort.

(The defendant in malicious prosecution cases has accused the plaintiff of a crime and instigated criminal prosecution. But in "malicious civil prosecution" the defendant has brought a civil action against the person who is now the plaintiff. If it was brought without probable cause, was malicious, and was terminated in favor of the person who is now plaintiff, there may be a cause of action for malicious civil prosecution under that name or under some other descriptive term. [Torts and Compensation, Dobbs and Hayden 1997])

Anne

I'm not sure why you consider this frivoulous or malicious. I am in this situation right now. I am pregnant by a man who had a vasectomy. I am probably going to end up being a single Mom - it's going to cost money to raise the child that I didn't think was possible. I also didn't discover the pregnancy until it was rather far gone (too far to terminate it) for that same reason. I've since heard about this "recanalization" but not until it was a moot point for me. I don't think it's common knowledge. My partner had his vasectomy years ago - long before we met. Should all guys who get vasectomies use condoms as well, just in case, and if so, doesn't that kind of defeat the purpose of having the vasectomy in the first place. I'm not trying to get rich - I just want to have the financial resources to care for my child. My partner underwent a surgery that was supposed to leave him sterile and now there is going to be a child - why are we (mostly the child) not entitled to some kind of compensation for that?

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