In this guide, we will look at the process of claiming sterilisation failure compensation. If your sterilisation operation fails because of medical negligence, you may be eligible to claim compensation.
All medical practitioners owe their patients a duty of care. This means that they have to adhere to a certain standard of care. They should act in a way that prevents unnecessary harm to those they care for. You can claim for harm caused by NHS negligence or from a private hospital.
Public Interest Lawyers can answer any questions you have about the process of claiming; our advisors are on hand waiting to take your questions. Furthermore, if you have a valid claim, they could provide you with a medical negligence solicitor from our panel. Please contact us today to see if you can claim compensation for failed sterilisation.
Select A Section
- What Is Sterilisation?
- What Is Sterilisation Failure?
- Symptoms of Failed Sterilisation
- What Are The Risks Of Female And Male Sterilisation?
- Am I Entitled To Claim Sterilisation Failure Compensation?
- Sterilisation Failure Compensation Calculator
- Begin A No Win No Fee Sterilisation Failure Compensation Claim
- Medical Negligence Claim Links
Sterilisation is a surgical procedure that aims to stop a person from being able to conceive a child. There are different sterilisation procedures for males and females.
Some sterilisation procedures fail even when the right level of care has been administered. However, sometimes a breach of duty of care causes it to fail. If this is the case, then you may be owed compensation.
We will explain how to claim sterilisation failure compensation throughout this guide. Below, we’ve outlined some of the different sterilisation operations available.
A vasectomy (male sterilisation) is an operation that stops a man from impregnating a woman. It is carried out by cutting and sealing the tubes that carry the sperm. Vasectomies are routine operations that normally take fifteen minutes.
A female sterilisation operation permanently prevents a woman from being able to get pregnant. The procedure seals or blocks the fallopian tubes. This means that the sperm cannot fertilise the eggs. Female sterilisation operations do not stop a woman from having periods.
Female sterilisation can fail if the fallopian tubes rejoin naturally. However, this is rare. Furthermore, if this happens, you may not be able to claim if it’s not caused by medical negligence.
On the other hand, female sterilisation can happen because of medical negligence. For example, the doctor might apply the clips that block the fallopian tubes incorrectly. If this happens because of a breach of duty, you might be able to claim if this causes you harm.
A male vasectomy can also reverse on its own. This might happen if the vas deferens (the tubes that carry the sperm) reconnect. However, if it failed because of a breach of duty of care, then you may be able to claim compensation for the harm this causes you.
If you wish to make a failed sterilisation claim for compensation, please contact Public Interest Lawyers today.
It is important to note that you can only claim compensation for medical negligence if this caused you harm. If you’ve had an operation that is unsuccessful because of a breach of duty of care, then you may need to undergo this procedure again. The pain and suffering that this second procedure causes you could be compensated for in your claim.
If female sterilisation fails, there is an increased chance that the mother will have an ectopic pregnancy. An ectopic pregnancy is when a fertilised egg implants outside the womb, often in the fallopian tubes. The mother will often require medical treatment such as surgery, which can be painful. Furthermore, there might be psychiatric harm as a result which your claim could reflect.
Secondly, if a vasectomy or female sterilisation fails, this can result in an unwanted pregnancy. The mother and father may experience emotional distress or psychological damage as a result such as Post-Traumatic Stress Disorder (PTSD). The parents may be forced to make a decision about whether or not to continue with the pregnancy.
If you would like more information about claiming for harm caused by medical negligence, speak with an advisor for more information. They could connect you with a lawyer who can take on your sterilisation failure compensation claim.
You can claim sterilisation failure compensation if your procedure fails as the result of medical negligence, and this causes you harm. Furthermore, you could be harmed by medical negligence
Complications that can arise from female sterilisation include:
- Internal bleeding
- Damage to your other organs
A vasectomy can lead to the following complications:
- A haematoma- this is a collection of blood filling up inside the scrotum.
- Long term pain in the testicles, which may require further surgery.
- Granulomas- these are hard lumps that can develop if sperm leaks outside the tubes.
These risks cannot always be completely removed through the correct standard of care being administered. For example, you could contract a hospital infection even when everyone who treated you provided the right level of care.
However, if you can show that you were harmed by a breach of this duty- for example, because your surgeon failed to wash their hands before carrying out the procedure- then you could claim as a result.
Get in touch with our team of advisors for more information on claiming sterilisation failure compensation.
You may be wondering “can I claim compensation for failed sterilisation?” If you were harmed as a result of medical negligence, you will need to provide evidence in support of your claim. This could include:
- Medical records. Your medical records will show details of your procedure and any further medical attention you sought after it failed.
- Witness statements. If anyone else saw the incident happening, you can take their contact details. They may be able to provide a statement at a later date.
Your clinical negligence lawyer may use your medical report and medical records to support your claim. Furthermore, your lawyer may request witness statements, CCTV footage or copies of prescriptions to support your claim.
If your medical negligence claim is successful, the amount of money you can get can be made up of up to to two heads of claim. These are general damages, which compensate you for the pain, suffering and loss of amenity caused by your injuries, and special damages, which compensate you for the costs associated with your injuries.
You can use the table below in lieu of a medical negligence compensation calculator. It contains guideline compensation brackets that can be found in the Judicial College Guidelines.
|About The Injury
|Female Reproductive System
|Where a failed sterilisation has led to an unwanted pregnancy causing no serious psychological injury or depression
|In the region of £9,570
|General mental harm- Severe
|There will be problems coping with many areas of life without much prospect for recovery
|£51,460 to £108,620
|The impact will be permanent and the injured person will not be able to cope the way that they did before the incident
|£56,180 to £94,470
|General mental harm- Moderately severe
|While problems coping with all areas of life are significant, the prospect of recovery will be more positive than in more serious cases
|£17,900 to £51,460
|PTSD- Moderately severe
|There will be some prospects of recovery with professional help but symptoms still disabling
|£21,730 to £56,180
|General mental harm- Moderate
|Despite some problems dealing with various aspects of life, there will be a good prospect of recovery and some improvement
|£5,500 to £17,900
|A recovery will largely have been made
|£7,680 to £21,730
|General mental harm- Less severe
|Daily activities will be affected; the extent to which they’re impacted will be considered when valuing the claim
|£1,440 to £5,500
|PTSD- Less severe
|A virtually full recovery within one to two years
|£3,710 to £7,680
|Reflecting the operation and inevitable scar
|In the region of £8,110
Examples of special damages you could claim include:
- Medical costs, including the cost of a second sterilisation procedure.
- Travel costs
- Care costs
- Loss of earnings
The amount of compensation you receive can vary depending on your own circumstances. Please call our claims helpline for an advisor to estimate how much compensation you could be awarded.
If you want to make a failed sterilisation compensation claim, you may wish to use a No Win No Fee solicitor. No Win No Fee agreement, or Conditional Fee Agreement, means that you will not your lawyer anything before work begins on your claim. They will also not charge you anything if you’re not awarded compensation.
In the event that your claim is won, you will pay a success fee to your solicitor. This consists of a percentage of your compensation. There’s a legal limit to the amount a success fee can be, meaning you won’t be overcharged.
Please contact Public Interest Lawyers using the details for more information on claiming:
- Ask us a question using the Live Support widget on the right-hand corner of your browser.
- Call our claims helpline on 0800 408 7825 to speak with an advisor.
- Begin your claim online and contact us today.
We hope this guide to claiming compensation after a failed sterilisation has been helpful. Please feel free to read our other claims guides if you wish to know more.
An NHS guide to types of contraception
A guide to infertility, from the NHS
Information about pregnancy-related conditions from the NHS
Thank you for reading our guide to claiming sterilisation failure compensation. Please get in touch with us if