Failed Sterilisation Claims

Medical Negligence and Vasectomy Failures:

Whilst vasectomy failures are not common, they can go wrong. There are some cases in which failed surgery during vasectomy or sterilisation has resulted in pregnancy, which can then lead to surgery claims and compensation.

Medical Negligence and Failed Sterilisation:

Similarly, sterilisations are commonly successful, but practitioners sometimes mistake surrounding tissues for the fallopian tube. This can lead to the sterilisation clip being applied to a ligament instead of the fallopian tube. This can lead to an unplanned pregnancy, usually within 12 months of the surgery.

However, if a pregnancy occurs after a 12-18 month period, then this will more often be down to the body’s own healing abilities rather than a surgical error. The fallopian tube can sometimes regenerate itself by forming a tube around the clip and returning to the ovary. This natural healing process is called ‘tubal lumen regeneration’.

 

Am I Entitled to Failed Sterilisation or Failed Vasectomy Compensation?

When a type of sterilisation like vasectomy goes wrong, you may have grounds for a failed sterilisation claim against your healthcare provider. It is important to speak to specialist medical solicitors for advice.

The following claims may result:

  • Wrongful conception

An action in contract may arise if the sterilisation procedure was performed outside the NHS in the private sector.

  • Negligence

A breach of duty arises when an operation is not carried out by the practice accepted as proper by a reasonable body of surgeons or gynaecologists (Bolam test). Sterilisation negligence also occurs when there is an omission in appropriate pre-operative counselling.

  • Wrongful birth

The negligent act deprived the mother of the possibility to prevent the conception of a disabled child or to have a lawful abortion.

  • General Damages

Women are entitled to recover general damages for pain and suffering during pregnancy and delivery. Moreover, both parents can claim for shock and distress upon discovering the child’s condition as disabled and the increased stress in bringing up the child.

  • Disabilities

Parents who chose sterilisation to avoid the risk of a child with congenital abnormalities can recover the costs associated with the child’s disabilities, even though the clinician’s negligent sterilisation had not caused the disabilities. Find out more about birth injury claims.

  • Loss of earnings

Parents may be able to claim for loss of earnings. For example, they may have to cover costs for bringing up a disabled child, including medical costs and child care fees, which they would not have lost had the child been healthy. Additionally, if a woman is proven to suffer from a psychiatric disorder caused by the pregnancy that continues to prevent her from working after the pregnancy, then a loss of future earnings claim may be permitted.

  • Loss of the right to limit family size

You have the right to control your family size, meaning failed sterilisation compensation may be claimed if you are denied this right.

Reasons for Vasectomy Failures

Whether you can make a failed sterilisation or vasectomy claim depends on the reason(s) it went wrong. There are both negligent and non-negligent reasons for sterilisation failures. Some reasons include:

  • Failure to identify the sperm tubes

Vasectomies can also fail due to failure to identify the sperm tubes during the procedure and a failure to block both sides. The vas deferens tubes exist in the scrotum along with other structures, including blood vessels and nerves. If something other than the vas deferens is selected for blockage, sperm will remain in the ejaculate. This results in a persistent, and often normal, sperm count in the ejaculate after the vasectomy.

  • Failure to identify and cut or to clip the fallopian tubes

If a female’s fallopian tubes are inadequately blocked, cut, or otherwise closed off during a sterilisation procedure by a medical practitioner, this can enable sperm to reach the egg and result in pregnancy.

Sterilisation procedures are regarded as fairly routine and tend to be left to more junior surgeons. It is not uncommon for us to come across cases of a ligament being mistaken for a fallopian tube and a clip applied there instead of the tube. Also, the clip (Filshie clip) must be applied with care and properly closed.

Unfortunately, there are sometimes cases where a Filshie clip has been identified to spontaneously fail (by opening) some time after surgery.

  • Failure to provide adequate post-procedure advice and care

You may be able to sue for a failed vasectomy or sterilisation if you are not properly instructed on how to care for yourself after the procedure. For example, you may not receive the proper contraception advice, leading to sterilisation failure.

Following a sterilisation procedure, you should also have follow-up tests, including sperm count tests for vasectomies and imaging tests for female sterilisations, to determine its success. If your practitioner fails to schedule or conduct these tests, you may be unaware of an unsuccessful result, leading to conception.

Want to Talk to us About a Failed Vasectomy or Failed Sterilisation Claim?

At Medical Solicitors, we know that sterilisation and vasectomy failures can have serious physical, mental and financial consequences for you and your loved ones. Our specialist medical negligence solicitors are experts in failed vasectomy compensation claims and are here for you at every step of your journey.

Discover our knowledge and experience of failed sterilisation claims in one of our real-life failed sterilisation case studies.

Contact us for an informal, informative chat about your potential claim, and we’ll provide free, no-obligation legal advice on how to best proceed. If we believe we can assist you, we will most likely offer a No Win, No Fee Agreement. You have nothing to lose financially in reaching out to us.

Please Note: At Medical Solicitors, we specialise in failed sterilisation and vasectomy claims involving healthcare providers in England and Wales and will be happy to provide assistance if your case is located in either of these regions. Unfortunately, we do not handle failed sterilisation and vasectomy claims outside of England and Wales.

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Our surgery claims expert:

Christine Brown

Director and Senior Solicitor

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