Procedures Involving Failed Vasectomy and Failed Sterilisation
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 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.
Cases Involving 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.
Will You Be Able To 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.
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 have experienced this and wish to make a claim, our solicitors will be able to guide you and answer any 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.
Author: Ayesha Salim is a law graduate who works fulltime with the UK Lawyers Network researching and writing about legal topics
Tags :
RSS Feed : 
