Cases Of Wrongful Birth Through Failed Vasectomy Or Failed Sterilisation Procedure
Many people in the UK are undergoing vasectomy or sterilisation procedures as a way of avoiding pregnancy. There may be other reasons involved, however it all depends on the individuals concerned. Whatever their reasoning may be, it is their right to have the procedure done properly.
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.
Cases involving failed sterilisation
A surgery could fail for a number of reasons. Many women undergo a sterilisation procedure to avoid having any more children. It involves the procedure of the fallopian tubes being either cut or clamped to stop the eggs from travelling to the ovaries to the womb. The surgeon performing the procedure may be careless, where the clips become free if they are not secured properly during surgery.
Failed Vasectomy
Usually there are only one or two reasons why a vasectomy fails. Firstly, the surgeon may be responsible for not cutting the vas deferens tubes properly. Furthermore, it is the surgeon’s duty to give the patient clear post operative advice. To give you some idea, in most cases following the vasectomy procedure, it usually takes around four months for traces of sperm to disappear from the semen. The surgeon should explain this to the patient, and warn you against unprotected sex, at least until the tests have shown that there is no more sperm in the semen.
Can you make a claim?
Individual circumstances will be taken into consideration here. In some cases, the negligence may not be on the part of the surgeon as through natural occurrences the sperm duct or the fallopian tubes may have regrown. On the other hand, the failed procedure may be due to surgical error. The surgeon may have been responsible for cutting a ligament instead of the vas deferens tubes. Or it could be that you were not given good clear post-operative advice.
A way to test this is if the conception occurs soon after a sterilisation or vasectomy procedure. If this happens, you are more likely to have a successful clinical negligence claim. Whatever the reasons for the surgery failing, 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 accident claims, solicitor, failed sterilization, find a solicitor, legal, lawyer, law help advice, solicitors litigation
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