Cases Of Wrongful Birth Through Failed Vasectomy Or Failed Sterilisation Procedure

Written By: Ayesha Salim on December 8, 2009 No Comment

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.

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.

Failed Sterilisation in surgical procedure

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.

Making 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