Medical Negligence Compensation Claims

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

There are two reasons why a vasectomy may fail:FAQ

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.

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Failed Sterilisation

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.

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How much can I claim?

There are a number of elements to a compensation claim for wrongful birth:

Losses and expenses. This includes loss of earnings during maternity leave, plus the costs of one-off equipment such as a cot and pram.

Making a claim for compensation

A specialist medical negligence solicitor can assess your case and inform you about: