Making A Failed Sterilisation Claim
When you make the decision to undergo a vasectomy, hysterectomy or another type of sterilisation procedure, it is unlikely that something will go wrong. However, medical negligence can happen and you could be left with unexpected complications or injuries from your operation.
Jefferies Solicitors understand that dealing with the aftermath of a failed sterilisation can be incredibly upsetting. Therefore, we want to make the process of making a claim as simple and straight forward as possible.
Medical Negligence And Female Sterilisation
During a female sterilisation, the fallopian tubes are cut or blocked which prevents the eggs from the ovaries and into the womb. This stops fertilisation from being able to occur. There are also other methods of permanent contraception for women such as a hysterectomy where the womb is removed. This is generally more common than female sterilisation.
If you have undergone a sterilisation procedure, you could potentially have been the victim of medical negligence if something has gone wrong. Examples of sterilisation medical negligence include:
- During the operation, sterilisation clips are supposed to be placed around the fallopian tubes. If these are placed onto a nerve, blood vessel or nearby ligament instead, this could cause serious pain and injury to the patient.
- A medical professional should inform their patients about the risks that are associated with the specific procedure they are undertaking way prior to the beginning of the operation. This is because the patient needs to make an informed decision about whether they actually want the operation or not, with a clear understanding of any potential risks involved. If the medical professional fails to do this and there is a complication during surgery, you could be able to claim.
- If an unexpected medical instrument is left inside of the body this could cause serious harm and infection to the victim. If a medical instrument is left inside the body by accident, this could potentially cause an infection to the victim. The potential infection caused by this sort of situation could potentially be as serious as sepsis, which can cause serious disability and even fatality.
- A failure to sterilise the equipment prior to the operation commencing could cause a serious infection.
- There is a certain level of fitness and suitability that you are expected to have prior to undertaking a serious operation like sterilisation. If you were deemed well enough to undergo this operation when you actually were not, you could make a claim.
- Doctors are also expected to check on their patients after an operation of this severity. If they have failed to provide you with adequate after-care, you could make a claim.
Medical Negligence And Male Vasectomies
When a man undergoes a vasectomy the tubes that allow sperm to be transmitted inside a man’s ejaculate is cut and sealed. You can make a medical negligence claim if you have suffered an injury or a complication as a result of medical negligence during your vasectomy procedure. There are certain complications that could occur if your vasectomy is not performed correctly. For example:
- Pain and Discomfort – some men experience chronic scrotal pain after the procedure which would likely require further surgery to fix this problem. If you have experienced this problem you may be able to claim for medical negligence.
- If the vas deferens is cut improperly, sperm can still flow from the epididymis to the vas deferens but it could become backed up due to being unable to leave the body. This could create an inflammation of the gland. Symptoms associated with this condition include pain and swelling.
- Vasovenous fistula – this complication could occur if the blood vessels that are part of the vas deferens are injured during the vasectomy procedure. This can result in a pooling of blood that leads to an abnormal connection between the vas deferens and nearby blood vessels. A symptom of this condition is blood appearing in the ejaculate or in urine. You should seek immediate medical attention if you have these symptoms.
- There is also the risk of infection as there is with a sterilisation procedure. If you believe that your surgeon performed the procedure to a poor standard, resulting in you suffering from an infection, you could be able to claim compensation.
- Persistent welling is another common sign that medical negligence has occurred. It is quite natural for there to be some form of swelling within the genitals area after a vasectomy procedure is performed. However, if this swelling persists then you may be suffering from medical negligence.
All personal injury cases are unique and so the amount of sterilisation compensation that is awarded in each case is also unique. The amount of sterilisation compensation that is awarded is determined by looking at two specific factors – general damages and special damages.
The pain and suffering that your injuries or condition have caused is the main factor that is used to determine how much compensation you are owed. This will usually be determined by undergoing a medical examination, from which a report is created that outlines the length of time the injuries will take to heal as well as their severity.
Our compensation calculator gives an indication of how much you might be entitled to based upon your injuries. Jefferies Solicitors will take these different details relating to your injury into account when calculating how much compensation you should be awarded, which will then be put forward to the opposing side and the judge.
However, compensation also takes into account any financial losses that you might have suffered as a result of your injuries, such as a loss of earnings due to being unable to return to work. If you have had to pay for treatment or travel to treatment, compensation may also be able to cover this as well.
With sterilisation cases, there is the chance that you may have incurred further financial damage due to the costs of an unexpected pregnancy, especially if you have chosen to carry the child to term. Special damages compensation can be quite high in failed sterilisation cases because of this.
CONTACT JEFFERIES SOLICITORS TODAY
Our experts at Jefferies Solicitors are well experienced in dealing with a range of different case types. We understand how traumatic sustaining an injury can be and so we want to make the process of claiming compensation as stress free as possible. No matter where you are located throughout England and Wales, we can help process your case.
At first, we will need some initial details about the specifics of your injuries and how this has impacted upon your life. Please contact us today on 0800 342 3206 or through our online form to get started. A member of our team will quickly be in touch to discuss your case, confidentiality is ensured with all our clients.