Choosing to have a vasectomy or sterilisation procedure is a big decision – and is often a highly emotional one. This is why it can be so hard to deal with if you later find out that your procedure has failed. Often, men and women don’t know that the vasectomy or sterilisation has actually failed until there is an unwanted pregnancy. If this, or something similar to this, has happened to you, then you may be able to make a medical negligence claim for your failed sterilisation or vasectomy.
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Failed Vasectomy Claims
Vasectomies are more popular than sterilisations, largely because the procedure is less invasive and it is also safer. There are some natural reasons why a vasectomy may fail but generally, if you have had a vasectomy but your partner then becomes pregnant, it is likely that the vasectomy has failed. In fact, the rate of failed vasectomies is remarkably high ; up to 1 in 100 vasectomies are unsuccessfull. This might mean you are able to claim medical negligence compensation.
Failed Sterilisation Compensation Claims
The same rule applies to sterilisations: even after a successful procedure, some women will still become pregnant, but this usually occurs some considerable time after the sterilisation has been carried out. In fact, the NHS state clearly that “female sterilisation is more than 99% effective at preventing pregnancy”.
This means that if you have a sterilisation, but then fall pregnant soon after the procedure, it is likely to have failed and you may well be able to successfully claim compensation.
The procedure itself is considered to be a fairly minor operation. And many women feel well enough to return home on the same day, after recovering from the anaesthetic.
However if you are 1 of those unlucky to have gone through a failed sterilisation procedure and if you get pregnant after the operation, there is an increased risk that any resulting pregnancy will be an ectopic pregnancy ectopic pregnancy( i.e. a pregnancy where a fertilised egg is implanted itself outside of the womb, usually in one of the fallopian tubes. These kind of pregnancies sadly will not continue)
What can I claim for?
- Loss of earnings – if a failed sterilisation or wrongful birth means that you need to take time off work, or simply cannot go back to your job as a result, you could be entitled to claim compensation
- Damages – an unwanted pregnancy and the pains of labour can also entitle you to claim damages – for any unnecessary pain you suffered as a direct result of the failed procedure
- Extra medical costs – the whole process of pregnancy and childbirth is never cheap, nor is the cost of bringing up a child. If your family doesn’t have the cash to pay for your pregnancy and bringing up a child, you could be entitled to compensation
Can I still claim if I want the pregnancy to go ahead?
You can make a medical negligence claim whether or not you decide to proceed with the pregnancy; if you decide to have the child, you might be able to claim for a wrongful birth and can sometimes get compensation towards the cost of bringing up the child. This, though, is usually a relatively small amount, with some exceptions made for if the child or parent has a disability. Compensation can also be awarded for the distress of going through an unexpected pregnancy and labour, as well as any other distress you might have experienced.
No Win No Fee Claims
Many people find that they are put off actually making a claim for medical compensation because of a fear of the high level of legal costs that are likely to be involved. Provided our team are satisfied you have a strong case, we can run your claim using a no win no fee agreement – so you don’t need to worry about having to pay legal costs, and can properly claim the financial compensation you deserve.
Who can I claim against?
When it comes to making a claim for a failed vasectomy or sterilisation, it’s likely that your claim will be against either the surgeon who operated on you, or in the case of a wrongful birth following a failed sterilisation, the specialist or GP who didn’t spot any problems during your pregnancy.
Failed Sterilisation and Vasectomy Compensation Claims – call us today
If you believe you have had a failed sterilisation or vasectomy, you need to speak to one of our specialist medical negligence solicitors to see whether you have a claim. We can advise you on your options and guide you through the claims process, helping you through what is understandably a very difficult and emotional time.
Suffered a Failed Sterilisation or Vasectomy? Need a Medical Negligence Solicitor? Call us now
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