Vasectomy and Failed Sterilisation Claims

Having a vasectomy or being sterilised is not a decision people make lightly - some people decide they do not want children or choose not to have any more. While these procedures have a high success rate, they aren’t without their risks and medical negligence can occur.

Medical negligence in these procedures can lead to an unwanted pregnancy – putting a huge financial and emotional strain on the families involved, regardless of whether they decide to continue with the pregnancy.

It is important to note: failed sterilisation and vasectomies aren’t always due to medical negligence. However, if an unplanned pregnancy happens shortly after the procedure, it could be down to this.

What Causes Sterilisation Negligence?

• A poor consent procedure/failure to advise the patient of all associated risks
• Failing to provide correct advice post-discharge (warn of risks associated with unprotected sex)
• Adopting poor or incorrect sterilisation techniques
• Failing to monitor signs of post-operative infection
• Inadequate/incorrect application of sterilisation clips – ‘filshie’ clips/filshie clip migration

What Sterilisation Compensation Can You Claim?

Women can make a failed sterilisation claim if either they suffer a wrongful pregnancy or wrongful birth, depending on whether they decide to terminate or continue with the pregnancy.

Women can claim for:

• 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

Men can make a claim for failed sterilisation if the surgery was performed negligently resulting in failure, or in the event that they are not provided with contraceptive advice upon their discharge. Both of which can result in unwanted pregnancy.

Men can claim for:

• Cost of repeat surgery and the pain, suffering and recovery period associated with the same
• Loss of earnings
• Psychological distress linked to the negligence

However, claims cannot be made for compensation for the cost of raising the child, apart from exceptional circumstances such as where the child is born with a disability.

Men can also face problems when undergoing circumcision surgery whereby, albeit very rarely the procedure does not go to plan, resulting in a prolonged period of pain and suffering in addition to the potential need for corrective surgery.



Send us an enquiry - we will get back to you quickly