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Clinical Negligence – Failed Sterilisation and Vasectomy

If you or a member of your family has been affected by a failed vasectomy or sterilisation caused by medical negligence, our specialist personal injury lawyers may be able to help you claim compensation. Contact us today on 0800 032 8511 for claim advice, or by completing a claim enquiry form.

Sterilisation
Failed Procedures
Wrongful Birth
Claiming Compensation
Compensation
Specialist Clinical Negligence Lawyers

Sterilisation

Sterilisation is an option for those that decide they do not wish to have any children, or whose family is complete.

A woman can undergo an operation to be sterilised, whereby the fallopian tubes are either cut or have clips attached to prevent eggs travelling from the ovaries to the womb. A man can undergo a less invasive procedure known as a vasectomy, in which the vas deferens, or sperm duct, is cut.

Each of these procedures is considered very effective, however there are occasions when they fail, which can result in unwanted pregnancy.

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Failed Procedures

There are various reasons why a sterilisation or vasectomy can fail. Some of these are natural and not caused by any error on the part of medical staff. For example, in some cases the sperm duct or fallopian tubes can regrow. Unfortunately however, some cases of failed sterilisation or vasectomy are caused by surgical error.

It has been known for the clips commonly used in sterilisation procedures (Filshie Clips) to come free from the fallopian tubes, possibly because they were improperly secured into place. If a pregnancy occurs shortly after an operation, the cause is more likely to be a medical error, as when the fallopian tubes regrow naturally it takes some time.

In vasectomy operations, surgical errors such as failing to correctly cut the vas deferens can also render the procedure unsuccessful. Semen tests to check for the presence of sperm and advice about contraceptives should also be provided by medical staff following a vasectomy. If they are not, this could also lead to an unwanted pregnancy.

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Wrongful Birth

This is the term used to describe a birth that would not have occurred had there not been negligent medical treatment.

An unwanted pregnancy can cause serious difficulties for the parents, including financial strain, changes to future plans and relationship problems. Therefore, anyone affected by wrongful birth should be entitled to seek compensation.

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Claiming Compensation

In order to make a successful claim for damages in respect of a ‘wrongful birth’, it has to be proven that the cause was negligent medical treatment, such as a surgical error. All clinical negligence cases can be complicated, so it is important to seek the advice of an experienced, reputable personal injury lawyer.

In every case, medical evidence will be required. It is necessary to show that the person you are making a claim against owed you a duty of care, that they breached that duty of care (what is known in law as negligent), and that the injury you sustained was a reasonably foreseeable consequence of that negligence.

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Compensation

There are three elements to a compensation award for a wrongful birth.

The first, called general damages, is for the pain, suffering and inconvenience of an unwanted pregnancy and labour.

The second element is for your losses and expenses of pregnancy and childbirth, such as loss of earnings during the maternity period, and the costs of buying any equipment needed for the baby.

There is no award for the cost of bringing up the child. Instead the courts now make and award of around £15,000 for the loss of right to control family size.

Although compensation is awarded based on both guidelines and awards given in previous cases, each case is assessed individually on its own merits.

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Specialist Clinical Negligence Lawyers

The Legal Line lawyers have extensive experience in recovering compensation for the victims of clinical negligence. They can provide expert claim advice on all areas of making a claim and offer the assistance and guidance that you need.

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