Medical Negligence: Vasectomy and Failed Sterilisation Claims*

A vasectomy is the sterilisation for a man whereby the vas deferens is cut or sealed as a means of sterilisation. It is a procedure carried out when someone decides that they do not want children or choose not to have any more.

In most cases the surgery is effective however complications can arise where an unwanted pregnancy occurs leading to stress, emotional strain and financial pressure.

What might amount to sterilisation negligence?

  • The failure by the surgeon to advise the patient of all associated risks
  • The failure by the surgeon to warn of risks of unprotected sex immediately post surgery.
  • Adopting poor or incorrect sterilisation techniques
  • Infection arising post- operative

Damages for negligent sterilisation procedures may include:

Men can seek damages for:

  • Cost of repeat surgery and the associated pain, suffering and recovery period associated with the same
  • Loss of earnings associated with recovery time
  • Psychological distress linked to the negligence
  • In exceptional circumstances, claims can be made for compensation for the associated cost of raising the child.

Women can make a claim if they suffer a wrongful pregnancy or wrongful birth, depending on whether they decide to terminate or continue with the pregnancy. The damages that could be sought in these circumstances might include:

  • Physical suffering from the pregnancy, labour and/or termination
  • Loss of earnings during the pregnancy and/or recovery period
  • Psychological distress associated with the failure

What steps are involved in making a claim for a negligent sterilisation procedure?

  1. Consult with a medical negligence solicitor to investigate your claim. We have a dedicated team here at HOMS Assist.
  2. Once you instruct a medical negligence solicitor at HOMS Assist, we will obtain copies of all the relevant medical records.
  3. We will then engage an appropriate medical expert, usually from the United Kingdom, to furnish a written opinion as to whether the medical care provided to you and/or your partner fell below an acceptable reasonable standard, resulting in a breach of duty of care.
  4. We will also obtain a written opinion from the same medical expert, or from another appropriate expert to confirm that there is a causal connection between the breach of duty and the injury that you sustained.
  5. If the independent medical expert(s) conclude(s) that medical negligence has occurred, your medical negligence solicitor will draft a letter of claim outlining the nature of your case and inviting the responsible medical practitioner(s)/hospital to settle your case. It is usually necessary to initiate court proceedings, given the tight timelines involved in bringing a medical negligence case. What happens next depends on the response to the letter of claim.

 

*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.