Failed Sterilisation Claims
Whether you are a male or female that has planned to take steps to ensure that you do not make a baby again, it is likely that the decision was taken with thorough consideration and extensive thought. Passing this responsibility onto a medical practitioner by requesting a sterilisation or vasectomy takes courage and confidence. If the doctor fails in their duty to you and this leads to a failed sterilisation, you may be eligible to make a claim for compensation.
Suffering from any failed medical procedure can be emotionally devastating, but if this leads to an unwanted pregnancy, the turmoil can have an even greater impact. Personal injury solicitors are experienced in processing failed sterilisation claims and are skilled in completing cases with an empathetic and patient approach to minimise the distress to you.
What is sterilisation?
Sterilisation refers to a medical process that can be given to people who want to ensure that they do not have any more children. Both males and females can have the procedure, and if either fails, the victim may be eligible to make a claim.
Female sterilisation is a procedure which is known as a laparoscopic sterilisation. In this procedure, the woman’s fallopian tubes are either blocked or removed which prevents eggs from travelling from the ovaries to the womb. The NHS advises that men are sterilised rather than women where possible, as a male sterilisation is statistically more effective.
Male sterilisation is referred to as a vasectomy, and this procedure prevents the male from being fertile. The tubes that carry the sperm from the testicles are severed during the process which means that sperm is no longer present in the semen. The majority of vasectomies are permanent, though surgery can reverse the procedure and in very 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.
What can be the cause of sterilisation failure?
It is important to note that sterilisations can be naturally reversed. A vasectomy can, on rare occasions, be self-reversed and it is possible for the fallopian tubes to re-join naturally. In these instances, a patient would not be eligible to make a claim for compensation as the medical practitioner 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 applied properly. Errors such as the surgeon failing to attach clips properly would make the medical professional liable for the sterilisation failure.
Each individual case will be assessed by your solicitor and a medical expert in order to ascertain the cause of the failure and in turn, the liability.
What are the impacts of a failed sterilisation?
A failed sterilisation can result in an unwanted pregnancy, and this can be devastating for a couple, their family and their 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 it is decided that the pregnancy will be terminated, the emotional impact can be long lasting and hard to recover from. If the unwanted pregnancy continues, finances will be directed towards a new child and time off work will be required during pregnancy, birth and post-delivery.
Some people worry that it seems mercenary to focus on the financial impact in such cases, but given the need to prepare for a new baby, revise work plans and factor in the cost of raising a child, compensation for a failed sterilisation is sometimes crucial in order for victims to survive financially.
Am I eligible to make a failed sterilisation claim?
Some medical negligence and doctor error claims are complex, and eligibility can be difficult to determine. However, failed sterilisation claims are much less difficult to prove as a pregnancy post-sterilisation is generally considered as proof of the failure.
Even if you decide to continue with your pregnancy, if you have become pregnant following a sterilisation procedure, it is clear that the procedure failed and so you may be eligible to make a medical negligence claim.
Solicitors are experienced in handling claims following failed sterilisation and have an excellent reputation for securing the highest settlement amounts swiftly. If you would like to discuss your case and confirm your eligibility for making a claim, call 0800 678 1410 or request a call back for free consultation.
How can a solicitor help me following a failed sterilisation?
Injury solicitors have a wealth of experience in handling failed sterilisation claims. We understand the emotional impact of this type of medical negligence case and the distress that the unplanned pregnancy is likely to have had on you. With that in mind, negligence solicitors pride themselves on offering an open, warm and empathetic environment in which you feel comfortable and confident to discuss your case.
Your solicitor will support you by patiently explaining the claims process and offering close guidance as to 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
- Free initial consultation with no obligation to proceed
- Regular progress updates
- Friendly staff with support services offered
To discuss your case and find out if a solicitor can assist you in attaining the compensation that is rightfully owed to you, call free on 0800 678 1410.