Procedures Involving Failed Vasectomy and Failed Sterilisation
Many people in the UK are undergoing vasectomy or sterilisation procedures as a way of avoiding pregnancy. There may be other reasons involved, however it all depends on the individuals concerned. Whatever their reasoning may be, it is their right to have the procedure done properly.
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.
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
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.
Can you 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.
A way to test this is if the conception occurs soon after a sterilisation or vasectomy procedure. If this happens, you are more likely to have a successful clinical negligence claim. Whatever the reasons for the surgery failing, 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 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.
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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