Claiming for Sterilisation Failure
The failure rate for female sterilisation is around one in every 200. If you have been unfortunate enough to be one such individual who has fallen pregnant after a sterilisation, you will undoubtedly want to know why it happened, and whether or not medical professionals are to blame.
How can female sterilisation fail?
There are four reasons why sterilisation may fail:-
1. The tube re-generates – otherwise known as recanalization. This is a known risk of sterilisation and there is nothing that can be done to prevent it. The phenomenon occurs when the fallopian tubes naturally join back together, thereby allowing the passage of an egg into the uterus.
2. A fistula forms. This is like recanalization, in that the tubal ends heal together, but with a small hole – known as a fistula. This may not allow the egg to leave the fallopian tube, but it will certainly allow sperm to enter the fallopian tube, subsequently resulting in an ectopic pregnancy. Again, this is a risk of sterilisation and medical professionals cannot avoid it happening.
3. The woman is pregnant at the time of the sterilisation. This means a fertilised egg has already implanted itself into the lining of the uterus, making a sterilisation futile. It is therefore vital medical professionals establish whether or not a woman is indeed pregnant by carrying out a test before the operation.
4. Imperfect surgical technique. During a sterilisation, a surgeon must be sure to secure clips to each fallopian tube. There are occasions when this is not performed accurately, and either the wrong structure is occluded (meaning a clip is attached to something such as a ligament, rather than a fallopian tube), or the clips are imperfectly applied (meaning the fallopian tubes are not fully occluded).
Does sterilisation failure amount to medical negligence?
Sterilisation does carry the risk of failure, and a woman should be advised that her tubes may re-canalise, or that a fistula may form. If either of these events occurs it will of course be very unlucky, but it will not amount negligence; indeed, there is nothing that can be done to prevent tubal re-generation.
However, litigation may follow if a pregnancy went undetected at the time of sterilisation, or if the surgical procedure was technically imperfect (either because the wrong structure was operated on, or the clips were not properly attached). If your sterilisation failed for either of these reasons, you need to talk to a solicitor about making a medical negligence claim.
Can We Help You With A Medical Negligence Enquiry?
Early legal assistance can be vital so please contact us if you would like to discuss your situation. Please call us free on 0800 234 3300 (or from a mobile 01275 334030) or complete our Online Enquiry Form.
Can We Help You With A Medical Negligence Enquiry?
Early legal assistance can be vital so please contact us if you would like to discuss your situation. Please call us free on 0800 234 3300 (or from a mobile 01275 334030) or complete our Online Enquiry Form.
Make An Enquiry
Why Choose Us
- Specialist medical negligence solicitors
- Free initial enquiries
- No win, no fee available
Reviews
"I would like to say a big thank you to you for making this whole process easy and relatively painless. You kept me informed throughout and you were always polite and courteous in all forms of communication. I would not hesitate to recommend you to friends and family, so a really big thank you and I wish you all the best in the future."
Mr A.
Our Expertise
Helping Clients Across England & Wales
Free Medical Negligence Guide
'7 Questions You Must Ask Before Choosing A Medical Negligence Solicitor'