Claiming Compensation for Unwanted births - Failed Vasectomy and Failed Sterilisation
Every year there are a large number of parents who decide their family is complete and choose to undergo vasectomy (for the man) or sterilisation (for women). Of the two, vasectomy is the less invasive and safer procedure.
Unfortunately, in some cases people find that the procedure has not been successful and unwanted pregnancies can occur. If this can be shown to be due to medical negligence then you can make a claim for medical negligence compensation.
- Failed vasectomy
- Failed sterilisation
- How much can I claim?
- What can I claim compensation for?
- Making a claim for compensation
There are two reasons why a vasectomy may fail:
The first is due to failed operative technique, usually when the vas deferens tubes are not cut correctly.
The second type of claim is based on incorrect post operative advice being given to the patient. Following a vasectomy the patient should be advised to use alternative forms of contraception as it takes around four months for traces of sperm to disappear from the semen. Tests should be carried out on the semen until they are shown to be clear of sperm.
In sterilisation cases clinical error also occurs. The most common method used now in Britain is to apply one or two clips (called Filshie clips) to each Fallopian tube. These have been known to slip off, but the suspicion that sometimes they were not properly fastened in the first place means that nowadays when the procedure is done by laparoscopy (microsurgery), the team will take a still picture of the clips in place and make sure a print-off is filed in the woman’s medical record.
The reasons for failure of sterilisation may range from the clips never having been properly applied in the first place, to the tube having re-grown. The actual cause may never be known for certain, but research indicates that the sooner after sterilisation conception occurs, the more likely it is that the clips were never applied properly in the first place, while conception several years after sterilisation tends to indicate that the tubes have re-grown naturally.
If you feel that you may have suffered from negligent medical treatment, contact a specialist medical negligence solicitor who will assess your circumstances and advise you on making a claim for compensation.
How much can I claim?
There are a number of elements to a compensation claim for wrongful birth:
- General damages for the pain and suffering and inconvenience of an unwanted pain and suffering of pregnancy and labour and any loss of amenity.
- £15,000 for the loss of right to limit your family size. (This has replaced previous awards for the cost of bringing up a child.)
Making a claim for compensation
A specialist medical negligence solicitor can assess your case and inform you about:
- How strong your case is
- The likelyhood of making a successful claim
- The amount of compensation you may receive if your claim is successful
- Pursue a claim on your behalf
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