The choice to undergo a vasectomy or sterilisation procedure is becoming more prominent in the UK. For many it is a choice based on some very personal reasons. Some do it for financial reasons. Others because they do not wish to expand their family any further. Whatever their reason might be, one thing is very clear. They have a right to having the procedure done properly, and unfortunately this is not always the case.
However, in some instances the procedure does not go successfully, as some patients find themselves with unwanted pregnancies and end up giving birth to a child they did not want. If it can be proven that this was as a result to medical negligence on the part of the doctors, than it may be possible to claim for compensation.
Failed Sterilisation
There could be a number of different reasons why a surgery may fail. A sterilisation procedure involves the procedure of the fallopian tubes being either cut or clamped to stop the eggs from travelling to the ovaries to the womb. In most cases the woman decides to have this surgery to avoid any future pregnancies. The surgeon may be negligent in not securing the clips carefully and they may become loose.
Failed Vasectomy in surgical procedure
A vasectomy can fail for one or two reasons. It could be that in the surgery itself, the vas deferens tubes are not cut properly. On other occasions, your surgeon may have failed in giving you correct post operative advice. It is generally known that following the vasectomy procedure, it usually takes around four months for traces of sperm to disappear from the semen. It is up to your surgeon to inform you of this and to warn you against unprotected sex, at least until the tests have shown that there is no more sperm in the semen.
Will you be able to make a claim?
This will all depend on your individual circumstances. For instance, in some cases the procedure may fail because of natural reasons, and not due to the negligence on the part of the surgeon. This can happen when the sperm duct or fallopian tubes regrow. However, in other cases the failed sterilisation or vasectomy is due to the surgical error. The surgeon may be responsible for cutting a ligament instead of the vas deferens tubes. Or the surgeon may fail to give you good clear post-operative advice.
Generally, if conception occurs soon after a sterilisation or vasectomy procedure, it more likely to result in a successful clinical negligence claim. Whatever caused the surgery to fail, an unwanted pregnancy can lead to great stress in a relationship, often leading to suspicions of adultery. Compensation can be given for the emotional and physical distress involved with the pregnancy.
If you or your partner wish to make a claim, our solicitors will be able to guide you and answer and queries you may have. They will go through all the relevant options with you, and help you decide on whether you wish to take further action.
Ayesha Salim , editor of the UK Lawyers Network, writes articles about Solicitors, solicitor, failed sterilization, find a solicitor, legal, lawyer, law help advice, solicitors litigation
