Unfortunately, in some cases, people find that the procedure has not been successful and unwanted pregnancy and wrongful birth occurs. If this can be shown to be due to medical negligence then a claim for compensation can be brought.
Negligence claims relating to failed vasectomy generally occur for one of two reasons.
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 it takes around four months for traces of sperm to disappear from the semen. Tests are carried out on the semen until they are shown to be clear of sperm. During this time the patient should be advised to use alternative forms of contraception.
During sterilisation the fallopian tubes are either cut or clamped to prevent eggs travelling to the ovaries. In some cases these clips can come free due to not having been secured in place properly during the surgery.
Failures of vasectomy or sterilisation can be for reasons other than negligence by the medical practitioner. For example, in some cases the fallopian tubes or sperm ducts can re-grow naturally, although this normally takes some time. For this reason, claims involving unwanted pregnancy quite soon after a sterilisation procedure is carried out are more likely to be due to medical negligence.
If you feel that you may have suffered from negligent medical treatment, contact us in confidence and one of our specialists will assess your circumstances and advise you on making a claim for compensation.
What 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 pregnancy and labour.
- £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.) If the child is disabled, you may be able to claim the additional cost of bringing up a child
- Losses and expenses. This includes loss of earnings during maternity leave and the expenses of pregnancy and childbirth including the cost of baby equipment.
Contact us to speak to one of our specialist lawyers in total confidence and they will discuss the details of your claim.