Failed Sterilisation Claims

Whether you are a male or female who has planned to undergo a sterilisation procedure, you likely took the decision after thorough consideration and extensive thought. Either you want this for medical reasons, because you do not want children at all, or you feel that your family is complete.

Passing this responsibility onto a medical practitioner takes courage and confidence, as this surgery is not without risk. If the doctor fails in their duty to you, you may suffer several consequences, such as unwanted pregnancy, ectopic pregnancy, infections and ongoing pain. In such cases, you may be able to make a failed sterilisation claim for injury compensation.

The personal injury solicitors we work with have vast experience processing failed vasectomy and sterilisation claims. They will complete your case with an empathic and friendly approach and ensure you receive the compensation you are entitled to. If you would like to arrange a free case assessment, please call 0800 470 0474 today or use our online claim form to request a call back.

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Table of Contents

• What is sterilisation?
• Am I eligible to make a failed sterilisation claim?
• What are the risks during a vasectomy?
• What risks are associated with a sterilisation procedure?
• What can be the cause of sterilisation failure?
• What are the impacts of a failed sterilisation?
• What is the personal injury claims process?
• What evidence will I need to make a claim for a failed vasectomy or sterilisation?
• Can I claim against the NHS for sterilisation negligence?
• Time limit to claim failed sterilisation compensation
• How much is a failed sterilisation compensation claim worth?
• How long will a medical negligence claim take to settle?
• Will I have to go to court?
• How can a solicitor help me following a failed sterilisation?
• Will a medical negligence solicitor provide a No Win No Fee service?

What is sterilisation?

Sterilisation is a medical process that people who want to ensure that they do not have any more children can undergo. Both males and females can have the procedure; if either fails, the victim may be eligible to make a claim for failed sterilisation compensation.

Female sterilisation is a procedure during which the woman’s fallopian tubes are either blocked, sealed or removed. This operation prevents eggs from reaching the sperm and being fertilised. There are different methods of sterilisation, such as:

• Laparoscopy. The doctor makes a small incision near the belly button and blocks the fallopian tubes by applying clips or rings or by tying or cutting them.
• Mini-laparotomy. The surgeon will make an incision above the pubic hairline and cut the tubes so they are no longer functional.
• Salpingectomy. This involves removing one or both fallopian tubes if blocking them has not worked.

Male sterilisation is also called a vasectomy, and this procedure prevents the male from being fertile. During this procedure, the tubes that carry the sperm from the testicles are severed, which means that sperm is no longer present in the semen. The majority of vasectomies are permanent, though surgery can reverse the procedure. In some rare cases, the process can be naturally self-reversed.

Both male and female sterilisation processes are relatively painless and can be completed within a day. The majority of sterilisations are conducted on patients over the age of 30 who have already had children and are more than 99% effective at preventing pregnancy. The NHS advises that men be sterilised rather than women where possible, as this is cheaper, safer and more effective.

Am I eligible to make a failed sterilisation claim?

Some medical negligence and doctor error claims are complex, and determining eligibility can be challenging. However, failed sterilisation claims are much less complicated to prove as a pregnancy post-sterilisation is generally considered proof of the failure. Even if you decide to continue with your pregnancy, you could still make a failed sterilisation claim.

Compensation can be claimed for any other types of negligence during a vasectomy or sterilisation, such as damage to internal organs and allergic reactions to anaesthesia. To have a valid case, your medical negligence solicitor must be able to prove the following:

• A duty of care. All medical professionals are expected to possess the knowledge, skills, and training they need to provide competent medical care to their patients.
• A breach of duty occurs when a healthcare professional fails to provide the standard of care expected from them. They either did something they should not have done or failed to do something that was their responsibility.
• Causation. Your solicitor must be able to prove that the doctor’s actions or omissions were the direct cause of your failed vasectomy or sterilisation. If, for example, you became fertile because your tubes spontaneously reconnected, you will not be entitled to compensation.
• Damages. You need evidence to show that you suffered harm or damages due to the healthcare provider’s negligence.

The solicitors we work with are experienced in handling claims following failed vasectomy and sterilisation and have an excellent reputation for swiftly securing the highest settlement amounts possible. If you would like to discuss your case and confirm your eligibility for making a claim, call 0800 470 0474 or request a call back for a free consultation.

What are the risks during a vasectomy?

While a vasectomy is generally considered a safe and effective procedure, it carries some risks and potential complications, which include:

• The formation of blood clots in the scrotum, causing pain and swelling
• Hard lumps called granulomas, which are caused by sperm leaking from the tubes
• Long-term testicle pain, which may need further surgery
• Fluid build-up in the testicles, which can cause a dull ache made worse by ejaculation
• Infection at the surgery site caused by bacteria
• The vas deferens tubes may reconnect, enabling sperm to be present in the semen as before the vasectomy

A vasectomy cannot be easily reversed, and the NHS rarely funds this procedure. Although in vitro fertilisation is an option if you later change your mind and want to become a father, it does not always work. Make sure you are confident about not wanting to be a father in the future before undergoing this operation.

What risks are associated with a sterilisation procedure?

As with any other surgery, none of the types of female sterilisation are without risk either. Your doctor should talk to you about these so you can make an informed decision before undergoing the procedure. Possible risks and complications include:

• Internal bleeding, infection and damage to other organs, such as the bladder or intestines
• The tubes could re-join and make you fertile again
• There is an increased risk of ectopic pregnancy if you get pregnant after the surgery
• Risks associated with anaesthesia and other medication, such as allergic reactions
• Excessive bleeding during and after the procedure

Female sterilisation surgery is complicated to reverse and is usually not available on the NHS. So you need to consider all options and make sure it is right for you before you make a decision.

What can be the cause of sterilisation failure?

It is essential to note that sterilisations can be naturally reversed. On very rare occasions, the fallopian or vas deferens tubes can reconnect, and you will no longer be infertile. In these instances, you would not be eligible to claim compensation, as the medical professional is not liable.

However, some sterilisations fail because of negligence on the part of the doctor. In modern-day sterilisation, Filshie clips are attached to the fallopian tubes, and photographs are taken to prove that they were correctly applied. Errors such as the surgeon’s failure to attach clips properly would make them liable for sterilisation failure.

Other types of medical negligence that may lead to a compensation claim include:

• Cutting the incorrect body part, as sometimes ligaments are mistaken for tubes;
• Failure to inform you about associated risks, such as intractable pain and secondary bleeding;
• Failure to inform you that you will still be fertile and need to use another method of contraception for at least 12 weeks after the procedure;
• Your doctor did not take your medical history into account and check for conditions that would make you unsuitable for the procedure;
• Using an inadequate sterilisation technique;
• Failure to arrange follow-up testing to confirm the success of the operation;
• A delay in diagnosing or treating complications, such as infection or bleeding;
• Damage to other organs during surgery due to negligence.

Your solicitor and a medical expert will thoroughly assess your case to ascertain the cause of the failure and, in turn, if the doctor may have been negligent.

What are the impacts of a failed sterilisation?

Suffering from any failed medical procedure can be emotionally devastating. If this leads to an unwanted pregnancy, the turmoil can have an even more significant impact.

A wrongful pregnancy or wrongful birth can be devastating for you, your family and your finances. Faced with the moral and ethical dilemma of whether to proceed with the pregnancy, many victims of failed sterilisation suffer significant emotional and psychological distress because of the doctor’s error.

If you decide to terminate an unplanned pregnancy, the emotional impact can be long-lasting and difficult to recover from. If you choose to keep the baby, finances will be directed towards the new child, and you will need time off work during pregnancy, birth and post-delivery. In such cases, failed sterilisation compensation is sometimes crucial to survive financially.

Other potential impacts of negligent sterilisation could include:

• Pain and suffering during pregnancy and delivery;
• Pain and discomfort due to complications such as bleeding or damage to surrounding organs due to surgical mistakes;
• The need to undergo further medical procedures or interventions, which can cause emotional distress;
• Relationship strain and loss of companionship.

If you decide to make a claim for medical negligence, your solicitor will ensure you will be compensated for all the ways in which this has affected your life.

What is the personal injury claims process?

If you want to start a failed sterilisation claim, the first thing you should do is get in touch with a specialist medical negligence solicitor. They will offer you a free consultation to discuss your claim and determine your chances of receiving compensation. You can also ask any questions you want during this free assessment.

If you are eligible to claim failed sterilisation compensation, you will be paired with a lawyer who is right for you. They will offer you a conditional fee agreement (no win, no fee), so you do not pay anything upfront or if you lose the claim. Once appointed, your solicitor will start investigating your case and gathering supporting evidence. You can read about the types of evidence you could use in your claim in the section below.

Your solicitor will also send a claim notification form to the other side to inform them of your allegations of negligence. The defendant will have three months to look into your case and admit or deny liability. During this process, they may ask that their own medical specialist see you to determine the cause and extent of your suffering.

If the defendant admits liability, your solicitor will negotiate your compensation award. Both sides can make multiple offers until they agree upon a payment that is fair to both parties. If liability is denied or you cannot settle, your lawyer will issue court proceedings and be ready to argue your case before a judge. However, this scenario is unlikely, as more than 95% of all personal injury claims, including failed sterilisation compensation claims, are resolved out of court.

What evidence will I need to make a claim for a failed vasectomy or sterilisation?

Personal injury claim solicitors use various types of evidence to build a strong case and secure compensation for victims of clinical negligence. These could include the following:

• Your medical records, including pre-operative assessments, surgical notes, and post-operative reports;
• Photographs of the clips attached during surgery, if available;
• Expert testimony from a qualified medical professional in the relevant field can help establish the standard of care expected during the sterilisation or vasectomy procedure;
• Witness statements from friends or family members about how the failed sterilisation procedure has affected your life;
• Evidence of how the medical negligence has affected your mental health, such as counselling records or statements from mental health professionals;
• Evidence of all the financial losses you incurred due to the failed operation, such as loss of earnings during pregnancy or medical bills for further surgeries.

Your solicitor will assess all the evidence you already have to support your claim and help you gather any further documents you need.

Can I claim against the NHS for sterilisation negligence?

The National Health Service (NHS) is invaluable to most people across the UK. It offers a wide range of services, and the standard of care is typically outstanding. However, mistakes can occur, and when these are due to medical negligence, patients may be entitled to make a compensation claim.

If you received substandard treatment from the NHS, an experienced solicitor can help you make a claim. By taking legal action, you will be highlighting essential issues about the medical care you received. This can help to reduce the chances of somebody else going through the same pain and suffering as you and will help the NHS improve its services.

All claims against the National Health Service are handled by NHS Resolution, an insurance company set up by the government to deal exclusively with claims against the NHS. All NHS Trusts pay a yearly premium to NHS Resolution; if you make a successful claim, your compensation will be covered by their insurance and will not affect the funds for patient care.

You can also seek compensation if you’ve had a failed sterilisation from a private healthcare provider. According to the General Medical Council, all medical professionals from the private sector must hold insurance against personal injury claims from patients. If you win your claim, their insurer will pay the compensation you are owed.

Time limit to claim failed sterilisation compensation

If you were the victim of medical negligence during a vasectomy or sterilisation procedure, you have three years to make a claim for compensation. The claim limitation date is set by the Limitation Act 1980 and begins from either:

• The date of the surgery, if you suffered immediate damage such as allergic reactions to anaesthesia
• The date you became aware of the negligence, also known as the date of knowledge

If you have had post-traumatic stress disorder (PTSD) or any other injury or illness that would affect your ability to claim, the time limit is suspended. In this case, a litigation friend could claim on your behalf at any time.

No matter your circumstances, we advise you to start your claim as soon as possible. This will make it easier to gather the necessary evidence to support the case and will ensure you meet the relevant deadlines. Furthermore, the earlier you start the claims process, the sooner you may receive the compensation you are entitled to for your pain and suffering.

How much is a failed sterilisation compensation claim worth?

The amount of compensation you could get for sterilisation negligence will depend on your specific case. The compensation award will include two types of damages: general damages for pain and suffering and special damages for financial losses and expenses. If your claim is successful, it could cover the following aspects:

• Physical pain, emotional distress and mental anguish
• The loss of ability to enjoy certain activities or experiences due to the failed sterilisation
• The impact on your relationship with your spouse or partner
• The cost of private treatment, such as further surgery or re-sterilisation
• Income lost due to time taken off work for medical appointments, recovery, or unwanted pregnancy
• Lost earnings during maternity or paternity leave
• The cost of care and assistance during pregnancy
• Travel expenses to and from medical appointments
• The cost of bringing up a disabled child, if applicable

The compensation award for special damages is based on documents such as medical bills, payslips, invoices and receipts. General damages are based on previous cases and the guidelines from the Judicial College. According to our compensation calculator, you could receive:

• £5,000 for the pain and suffering caused by the unwanted pregnancy
• £15,000 – £20,000 for the loss of the right to choose your family size
• Up to £4,800 for mental anguish

After thoroughly assessing your case, your solicitor will be able to tell you how much compensation you could expect to receive if you win the claim.

How long will a medical negligence claim take to settle?

Each case is different, and various factors determine how long a failed sterilisation claim will take. The timeline can vary significantly, depending on the complexity of the case, the cooperation between the parties and the availability of evidence. While some cases may settle relatively quickly, others can take more than five years to resolve.

Medical negligence claims are typically more complex and take longer to settle. On average, a road traffic accident takes four to nine months to conclude, while most clinical negligence claims take 12 to 36 months. If the defendant admits liability, this will shorten the duration of the case. If they deny it, you may need to go to court, which could take significantly longer.

Some things you can do to speed up the process include:

• Seek legal advice promptly, which often makes the process of gathering evidence quicker and easier
• Provide your solicitor with full and accurate details of your case from day one
• Sign the legal forms and provide any requested documents swiftly
• Consider accepting a lesser compensation offer from the defendant instead of going to court

Will I have to go to court?

According to NHS Resolution, only a tiny percentage (0.3%) of all claims they settled between 2020 and 2021 reached trial. Although 25.3% needed court proceedings, they were resolved without going to court. Therefore, it is unlikely you will need to go to trial.

In the unlikely event you must go to court, your solicitor will explain everything to you and offer their support throughout the process. Also, you may feel more at ease knowing that all personal injury claims are argued before a judge with no jury. You will typically have to give a statement, and it will be the medical experts who will present all the evidence.

How can a solicitor help me following a failed sterilisation?

Injury solicitors have a wealth of experience handling failed sterilisation claims. They understand the emotional impact of this type of medical negligence case and the distress that an unplanned pregnancy is likely to have caused you. With that in mind, our partner solicitors pride themselves on offering an open, warm, and empathetic environment in which you feel comfortable and confident discussing your case.

Your solicitor will support you by patiently explaining the claims process and offering close guidance on the requirements for making a claim and the likely outcomes of your case.

The additional benefits of choosing a solicitor to handle your failed sterilisation claim include:

• A no win no fee* service. So if your claim is unsuccessful, it won’t cost you a penny.
• Free initial consultation with no obligation to proceed
• Regular progress updates
• They will handle all communication and negotiations with the defendant
• Friendly staff with support services offered
• They will know exactly how much compensation you are entitled to
• You will have peace of mind knowing your case is in the hands of an experienced professional

Will a medical negligence solicitor provide a No Win No Fee service?

If you have a valid failed sterilisation claim, your solicitor will offer you a no win no fee agreement. They will take on your case without asking for upfront fees and will take on the risk of not being able to recoup their costs if your case fails.

You only pay your solicitor a success fee from your compensation award if your claim is successful. This fee cannot exceed 25% of your payment for general damages and past financial losses. If your case fails, you do not pay them a single penny, so you have no financial risk in making a claim.

With no win no fee, you do not have to worry about legal costs and disbursements. You will have After the Event (ATE) insurance included in your claim, which covers the following if you lose the case:

• Travel expenses
• Costs of printing and copying
• Court and counsel fees
• Barrister fees if the case goes to court
• The cost of paralegal and other staff time
• The cost of the ATE premium, which you only pay if you win the claim

To discuss your case and find out if a solicitor can help you claim compensation for a failed sterilisation, call free on 0800 470 0474 or request a call back. The consultation is completely free of charge and is provided without any obligation to proceed.

Last edited on 22nd Jul 2025

With over 15 years’ experience in the legal sector, Nicholas Tate (LLB Hons, LLM in Health Law) has extensive experience across all areas of personal injury and medical negligence claims.