A B.C. woman has filed a lawsuit against a Yukon obstetrician/gynecologist alleging that a permanent contraception surgery he performed in 2014 was unsuccessful.

According to a statement of claim filed in Yukon Supreme Court on Dec. 21, Jeannena Gallinger underwent surgery performed by Dr. Wayne MacNicol on March 7, 2014 to remove her fallopian tubes.

The procedure was intended to definitely prevent her from becoming pregnant.

Gallinger, however, claims the surgery was improperly performed and that her fallopian tubes were never actually removed. Following the surgery, she became pregnant and gave birth on Aug. 6, 2016.

The suit further claims that medical personnel, identified in the suit as John Doe, attributed the unexpected pregnancy to a “highly improbable event”.

Allegedly, Doe did not advise Gallinger that her surgery might not have been adequately performed, the court documents say, nor that she could become pregnant again and should use birth control.

Gallinger subsequently became pregnant a second time, and is expected to give birth in March.

Now Gallinger is suing Doe and MacNicol, a long-time Yukon physician who was appointed chief of medical staff of Yukon hospitals in February 2015.

Doe is described in the suit as representing “one or more physicians, residents, nurses or other medical personnel, hospital, corporations or unincorporated bodies” including unknown physicians who practised at the Surrey Prenatal Clinic.

The statement of claim alleges the defendants breached a standard of care owed to Gallinger to “exercise all reasonable care, skill, diligence and competence” during her surgery and when advising her afterwards, when “it was or should have been apparent that the surgery had failed.”

It further claims the defendants provided medical services to Gallinger persuant to oral contracts, which were also breached.

The allegations against MacNicol include that he failed to keep up to date with knowledge in his field of practice, failed to employ reasonable techniques during the surgery, and failed to conduct tests to ensure the surgery was properly performed.

The allegations against Doe include that explaining to Gallinger her pregnancy was so unlikely it was a “one in a million occurrence” caused her to believe using birth control was unnecessary.

It’s also alleged that Doe failed to order tests to determine whether the surgery had been performed correctly.

The lawsuit adds that further allegations may be included once clinical records are received and further investigation is completed.

Gallinger is claiming general damages, special damages and amounts owed to the B.C. government for medical costs, legal costs, pre- and post-judgment interest and further relief.

The lawsuit alleges that due to the unplanned pregnancies, Gallinger has and will suffer loss and damage, including wage loss, loss of earning capacity, costs associated with raising the children and management fees.

A case management conference has been scheduled for Jan. 30.

Defendants have yet to file a response to the suit and the allegations have yet to be heard in court.

The Star’s call to the Yukon Hospital Corp. Thursday was not returned.