Any couples may decide not to start or extend a family and there may be very good financial, emotional or medical reasons for this choice. Many couples therefore decide that a vasectomy is needed but unfortunately these procedures occasionally go wrong due to the negligence of a medical professional. In such cases the law will recognise the subsequent birth of a child as ‘wrongful’ and compensation can be claimed.
Damages for failed vasectomies should cover the following:
• Earnings lost due to maternity leave
• The pain experienced during childbirth
• The cost of raising the child should they be born with disabilities
• The cost of a repeat vasectomy
Any couple who feel that they have lost out financially and experienced emotional or physical suffering as a result of a failed vasectomy should speak to our experienced personal injury lawyers as soon as possible. Our specialist compensation claim solicitors have specific expertise in failed vasectomy claims and will be able to determine quickly whether or not you have a strong case and how much compensation you may be entitled to.
Claiming compensation for a failed vasectomy – what you need to prove
In order to make a viable compensation claim you will need to provide one of two things:
1. That the medical professional in charge of the procedure was negligent or incompetent leading to the failure of the procedure
2. That the medial professional in charge of the procedure negligently or incompetently failed to inform the patients of the risks and courses of action which had to be taken following the surgery. This would have included abstaining from unprotected sexual intercourse for 12-16 weeks after the procedure in order to allow all sperm to leave the body and going for numerous tests to ensure that sperm samples were negative before having unprotected sex.
Our specialist medical negligence compensation claim solicitors will quickly be able to determine whether the doctor was negligent during the procedure and if the patient was not told to avoid unprotected intercourse leading to conception within 12-16 weeks we will also be able to carry out a complete investigation as part of your claim.
Many men will opt to have a vasectomy because they have decided along with their partner that having a child would place unnecessary strain on their family in terms of their finances or emotional wellbeing. Indeed, it is their right to make such a decision and the law reflects this. However, doctors do sometimes negligently make mistakes during such procedures and under such circumstances, if a child is then born a compensation claim can be made.
If misinformation is not the cause of the failed vasectomy it will be assumed that failures in surgery were. Vasectomies generally fail because the doctor fails to leave a large enough space between the two ends of the vas deferens allowing the two ends to reconnect and encourage restricted sperm flow, or because a more complex but safer procedure was not used which removes the possibility of the two ends reconnecting. It is believed that vasectomies can fail up to a year and half after a procedure for such reconnecting of the vas deferens. Vasectomies can also fail though because of the mistake of mistaking a ligament for the vas deferens. Whichever mistake is made, compensation can and should be claimed.
Claiming compensation for a failed vasectomy? Contact us today
Claiming medical negligence compensation is often far from straightforward. Complex medical records require analysis and an understanding of medical terms is absolutely essential. It is therefore crucial that you appoint a solicitor who specialises in medical negligence claims.
- Want to know how to claim compensation for medical negligence? Call us on 0800 1404544, or
- Fill out the contact form below.
