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Medical negligence » Failed sterilisation


The issue of medical negligence claims for unwanted pregnancy is an extremely sensitive one.

Deciding whether or not to have a child is one of the most important decisions a person can ever make.

Sometimes existing parents will decide that their family is complete, so do not wish to have any further children. In other situations, a woman or couple may opt, for personal reasons, not to have any children at all.

This is why many men in relationships choose to have vasectomies, and why a large, though less significant, number of women undergo sterilisation.

It is when these procedures are not correctly performed that a medical negligence claim for unwanted pregnancy may result.

\"\\"\\\\\\"\"A medical negligence claim for failed sterilisation

The most common sterilisation procedure is to apply Filshie clips to each fallopian tube. Generally speaking, if a surgeon has performed this procedure by laparoscopy (microsurgery) he or she will take a photograph of the procedure. One reason for this is that it might provide evidence in any future medical negligence claim.

If a woman conceives then gives birth after receiving a sterilisation procedure, she may be able to make a medical negligence claim for wrongful birth.

Such medical negligence claims are not always straightforward, as sometimes the biological conditions for conception may return to a womans body independent of any medical negligence inherent to a sterilisation procedure.

As a rule of thumb, it could be said that the sooner conception occurs after a sterilisation procedure, the greater the likelihood it was caused by incompetence and the stronger the chances of a medical negligence claim.

A medical negligence claim for a failed vasectomy

The vasectomy is a much more popular procedure than female sterilisation for couples wishing to make important family planning decisions.

Its greater popularity is because of two major factors: it is safer and much less invasive than sterilisation.

Just as with a failed sterilisation, a failed vasectomy is much more likely to result in a successful medical negligence claim if conception occurs soon after the procedure has taken place.

Reasons people might make a no win, no fee claim for medical negligence compensation relating to a failed vasectomy include substandard performance of the operation and neglect by medical staff to advise of the necessity to use alternative methods of contraception in the months immediately following the procedure.

In some circumstances making a medical negligence claim for a failed vasectomy might seem particularly pertinent as its failure might lead to relationship difficulty or breakdown. This is because after a man believes himself to have been successfully sterilised, his partner becoming pregnant may lead him to suspect she has been unfaithful.

Personal injury compensation for a failed vasectomy or sterilisation

Medical negligence compensation for a failed sterilisation or vasectomy can be awarded for a number of reasons.

Such compensation awarded through a medical negligence claim can include amounts for the pain and distress of pregnancy and labour as well as for physical and emotional turmoil.

It is also possible to claim for minor costs incurred in the upbringing of a child, though since the landmark case of Macfarlane v Tayside Health, awards of these costs are considerably less than what they once were.

However, it is still possible for a medical negligence claim to receive significant amounts if the child or parent has a disability.

If a termination has taken place, it is also possible for parents to claim medical negligence compensation.

Making a no win, no fee claim for medical negligence compensation

If you or your partner have experienced an unwanted pregnancy or birth as the result of a failed sterilisation or vasectomy procedure, you may wish to claim medical negligence compensation.

Here at HappyClaim we have years of experience in helping people make no win, no fee claims for the personal injury compensation they deserve.

Our panel of expert personal injury solicitors are all governed by the Solicitors Regulation Authority, so adhere to the strictest standards of professional ethics and competency.

If you wish to take advantage of their knowledge and make a no win, no fee claim for medical negligence compensation, why not contact us today?

You can request a call back, fill out an online claim form or alternatively, call us now on 01582 437070.