by Ayesha Salim

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.

Most surgical procedures are performed successfully, however in some cases they are not. This can lead to distressing results for the patient and family members involved. In some cases, the patient find herself with an unwanted pregnancy, giving birth to a child she did not want. As the consequences are quite serious and life-changing, the law takes this very seriously. Therefore, if the patient can prove that the negligence occurred because of the surgeon 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

There is generally one or two reasons why a vasectomy fails. The first reason is in the surgical procedure itself, when the vas deferens tubes are not cut properly. Secondly, your surgeon may have failed in giving you correct post operative advice. Following the vasectomy procedure, it usually takes around four months for traces of sperm to disappear from the semen. Therefore your surgeon should 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?

This will all depend on your individual circumstances. For instance, in some cases the procedure may fail because of natural reasons, and not due to the negligence on the part of the surgeon. This can happen when the sperm duct or fallopian tubes regrow. However, in other cases 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.

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 Solicitor, solicitor, failed sterilization, find a solicitor, legal, lawyer, law help advice, solicitors litigation

Article Source: Claims For Failed Vasectomy and Failed Sterilisation (Wrongful birth)