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.
If through some mishap on the part of the surgeon something goes wrong, it can lead to some very devastating results for the patient concerned. In fact, it not only affects the individual concerned, but family members close to them. The patient may find herself with an unwanted pregnancy which can lead to great emotional turmoil. If the patient is able to prove that the unwanted pregnancy occurred due to the medical negligence on the part of the medical staff involved, than it may be possible to claim for compensation.
Cases involving failed sterilisation
There are numerous reasons why a surgery may fail. A sterilisation procedure is for a woman who decides that she does not want any more children. The procedure involves the fallopian tubes being either cut or clamped to stop the eggs from travelling to the ovaries to the womb. If the surgeon performing the procedure is careless, the clips can come free if they are not secured properly during surgery.
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
You should be able to make a claim if you have suffered a failed surgical procedure, however this will depend on individual circumstances. Some things may be out of the surgeon's hands, such as natural occurrences. For instance, when when the sperm duct or fallopian tubes regrow. However, in some cases it is more obvious that 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.
Generally, if conception occurs soon after a sterilisation or vasectomy procedure, it more likely to result in a successful clinical negligence claim. Whatever caused the surgery to fail, 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, Lawyer, failed sterilization, find a solicitor, legal, lawyer, law help advice, solicitors litigation
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