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.
Most surgical procedures are performed successfully, however in some cases they are not. This can lead to distressing results for the patient and family members involved. In some cases, the patient find herself with an unwanted pregnancy, giving birth to a child she did not want. As the consequences are quite serious and life-changing, the law takes this very seriously. Therefore, if the patient can prove that the negligence occurred because of the surgeon involved, 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 in surgical procedure
There is generally one or two reasons why a vasectomy fails. The first reason is in the surgical procedure itself, when the vas deferens tubes are not cut properly. Secondly, your surgeon may have failed in giving you correct post operative advice. Following the vasectomy procedure, it usually takes around four months for traces of sperm to disappear from the semen. Therefore your surgeon should 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.
In most cases, if conception occurs soon after a sterilisation or vasectomy procedure, it more likely to result in a successful clinical negligence claim. Whatever the reason may be for the surgery failing, it undoubtedly leads to great emotional distress 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, Lawyer, failed vasectomy claim, find a solicitor, legal, lawyer, law help advice, solicitors litigation
