Compensation For A Failed Vasectomy
If you have had a vasectomy but your partner subsequently falls pregnant, you will be left wondering why your operation has failed. Is it simply a known risk of vasectomies that you have been unlucky enough to experience? Or is medical negligence to blame? In this article we explore failed vasectomies in more detail, explaining when you might be entitled to claim compensation for a failed vasectomy.
When can you claim for a failed vasectomy?
A failed vasectomy is not necessarily the result of medical negligence. There are, however, three common ways in which a failed vasectomy claim may arise:-
1. Not being informed about the risks
A vasectomy is considered to be a permanent method of male contraception. It involves a simple medical procedure during which the vas deferens are cut. This will prevent the sperm travelling from the testes and into the seminal stream. There is, however, the small possibility that the vas deferens will naturally join back together over time. This is called recanalization and is a known risk of vasectomies. A patient should be well-informed of all risks advance of signing a consent form. If medical professionals fail to explain this risk and recanalization does happen later down the line, a patient could be entitled to make a claim.
2. Not performing the operation correctly
A vasectomy sees a surgeon cut the vas deferens (the tubes responsible for carrying sperm from the testes and into the semen during an ejaculation). If a surgeon fails to cut the vas deferens correctly, sperm will still be present within semen. Ordinarily this will be discovered during routine samples that should be performed soon after the procedure, although it is possible the error will not be detected until a partner falls pregnant. If a patient has to undergo a second vasectomy because the first surgeon did not display acceptable levels of skill and attention, there could be grounds for a claim.
3. Not carrying out samples
A couple of weeks after a vasectomy, a patient will need to provide a sample of semen to check whether or not sperm are still present. This should be repeated until the sample is clear, or until the operation is found to be unsuccessful (ie. the vas deferens were not correctly cut). If medical professionals fail to perform these tests and a patient goes on to conceive, there will have been a substandard level of medical care.
4. Not being advised regarding contraception
Until the semen sample is found to be free of sperm, a patient must continue to use another method of contraception. If medical professionals fail to advise a patient of this need and his partner becomes pregnant, there may be a case of medical negligence.
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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.
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