Litigation For A Failed Sterilisation
If your sterilisation has failed, you may be entitled to pursue a medical negligence claim. In this article we explore whether this might apply to you.
How does sterilisation fail?
During a sterilisation procedure, clips are attached to a woman's fallopian tubes. This prevents the egg travelling from the ovary to the womb, representing a permanent method of contraception.
There is, however, a one in 200 failure rate. There are four main reasons why this might happen:
1. The woman is pregnant at the time of the sterilisation;
2. The tube re-generate (otherwise known as re-cannalisation);
3. A fistula forms;
4. The clips are imperfectly applied to the tubes and the wrong structure is occluded.
When is it possible to claim for a failed sterilisation?
The re-cannalisation of tubes and the formation of a fistula are not considered to be negligent causes of sterilisation. They are both rare but unavoidable risks associated with sterilisation, and the occurrence of either event will not in itself lead to a medical negligence claim. Nevertheless, it is important that a woman is informed of these risks before she signs a consent form; if doctors fail to do so, there may be grounds for a claim due to the lack of consent.
Litigation will also be possible if a pregnancy went undetected at the times of sterilisation and if the wrong structure was operated on. We will explore each in more detail below:
Before undergoing a sterilisation procedure, a woman must perform a pregnancy test to ensure she is not already expecting. If the test is positive, sterilisation must be delayed until the pregnancy is over, or it may become ectopic. If medical professionals fail to carry out this routine test and the patient is indeed pregnant at the time, there will be grounds for a medical negligence claim.
During the procedure itself, the surgeon will attach clips to each fallopian tube. However, it possible that the surgeon applies the clip to the wrong structure, such as a ligament, therefore leaving the fallopian tube intact. If it can be proved that the surgical technique was imperfect, there will be grounds for a medical negligence claim.
Make a medical negligence claim today
If you would like to talk to a solicitor about claiming for a failed sterilisation, contact us today. We will be more than happy to discuss your case with you, helping you to discover whether you could be entitled to compensation.
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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.
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