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If you have reached the often difficult decision to undergo a vasectomy operation, the last thing you want or expect is to discover some months later that vasectomy operation has been a failure. If this has happened, you will want some answers. Why has it failed?
What is a Vasectomy?
During the procedure, a surgeon will cut the vas deferens - the tube which links the testicles to the urethra. Once this is cut, sperm will no longer be able to travel to the urethra upon ejaculation, meaning there will not be any sperm present in the semen. However, it is important to note that even after the operation has been performed, there will continue to be traces of sperm in the semen for around four months. Therefore it is essential your surgeon warns you against unprotected sex until tests show you are clear.
How Does A Vasectomy Fail?
Unfortunately a vasectomy failure can happen more than you would expect. It usually takes at least four months for traces of semen to disappear from an ejaculation. After the operation your surgeon should explain these risks, and warn you against unprotected sex until your tests are clear. Failure to do this can result in a medical negligence claim.
Failed vasectomy claims may also arise due to poor operative technique. We have unfortunately dealt with many cases in which a man has undergone a vasectomy, only to find some time later that the operation has not been successful, as the vas deferens are still intact.
While it is possible for the vas deferens to re-join naturally, this is an unusual event and nothing can be done to either predict or prevent it happening. Furthermore, it takes many years for this to happen. So if your partner falls pregnant soon after the procedure has been carried out, it is likely that the surgeon will not have cut the vas deferens as intended, instead cutting a different structure such as a ligament. A failure to perform the vasectomy procedure with the necessary skill and attention will again amount to medical negligence, meaning a compensation claim could ensue.
Can You Make A Vasectomy Failure Compensation Claim?
A vasectomy is considered a safe and effective form of permanent contraception. Thus after you have had the procedure, you will understandably consider yourself unable to conceive. If you conceive a child after having a vasectomy, you need to discover whether medical negligence was to blame. If so, you will be in a position to claim compensation - either for an unwanted pregnancy, or for a wrongful birth.
This will very much depend on your individual circumstances. On occasions the surgeon can cut the wrong item, cutting a ligament instead of the vas deferens tubes. Or they can fail to advise you to only attempt protected sexual intercourse.
Our expert solicitors will ask you all of the relevant questions to discover whether you do have a valid claim. They will then be able to advise you of your options so that you can then decide whether you wish to take any further action. Often they can help you under a conditional fee agreement with no costs payable by you if you lose your claim.
How Much Compensation for a Failed Vasectomy?
The law states that for an unwanted pregnancy the award should be as follows:
- £15,000 for the infringement of the right to limit your family size
- £5,000 for the pain and suffering of the birth
- Compensation for loss of earnings during maternity leave
- The additional costs of new prams etc
Do You Need Help With A Failed Vasectomy?
Failed vasectomies can have a devastating impact upon the entire family. That is why if you believe your failed vasectomy was the direct result of medical error, you need to claim the compensation you rightfully deserve. For more information on making a medical negligence claim, seek legal advice without delay. We offer you a free, no obligation discussion with one of our medical negligence solicitors. Simply call us on 0800 2888 693 (from a mobile click to call: 01348 630 720) or complete our Medical Negligence enquiry form to be advised of your options.
We are here to help you from 8am to 8pm Monday to Friday,
8.30am to 6pm on Saturday and 9am to 6pm on Sundays.
What Happens Next?
Complete a Quick Claim Enquiry and this is what you will benefit from:
- Advice on whether you can make a claim and how the claims process works from a specialist claims solicitor;
- Compensation - what can you claim for and how much are you likely to receive;
- Costs - whether you will qualify for a no win no fee claim or details of other methods for funding your claim; and
- An explanation of what will happen next if you decide to carry on and make a claim (how your solicitor will take care of everything for you).
All on a free, no obligation Quick Claim Enquiry Advice Call.
Has a solicitor been in contact? Yes
If Yes, were they able to help? Someone is going to visit me at home
Was our website easy to use? Yes
Would you recommend our website to anyone else thinking of making a claim? I would certainly recommend the website
Out of 5, please rate the ease of use of our website or service. 5
Any other comments or suggestions that would make it easier to ask about claiming? No, it was all self explanatory, very impressed
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