We understand that just because you wish to claim compensation for a wrongful birth or failed contraception, it does not mean you don’t love and cherish your child or have not been emotionally devastated if you chose to have a termination. You have a right to claim compensation for a medical procedure that has failed due to negligence.
You will find our solicitors are compassionate and non-judgemental, focused only on your best interests.
Tilly Bailey & Irvine’s expert medical negligence claims solicitors have secured significant settlements for the mistakes of a medical professional due to:
To successfully claim for a wrongful birth or a failed sterilisation, or vasectomy, you need robust legal representation and advice.
Call: 01429 225200Wrongful birth is a term the courts use to describe the birth of a child who would not have been conceived had it not been for the negligent actions of medical professionals.
For example, if a person has a vasectomy or sterilisation procedure, they would expect that they are safe from conceiving a child. If the procedure does not work for some reason, there may be a claim for wrongful birth compensation.
Wrongful birth claims can also arise in cases where parents have not been warned that a child will be born with a specific disability, and if they had been warned would have terminated the pregnancy.
According to the Royal College of Obstetricians & Gynaecologists, there is a 1 in 2000 chance of a pregnancy resulting from vasectomy failure – 0.05%.
One of the most common reasons a vasectomy fails is the vas deferens, (the ducts that conveys sperm from the testicles to the urethra), reconnect. Doctors also sometimes fail to warn patients they may remain fertile up to three to four months following their vasectomy and should use a backup form of contraception until tests of the seminal fluid show sperm are no longer present.
Sterilisation procedures have a higher failure rate than a vasectomy. The procedure involves cutting or blocking the fallopian tubes to prevent the egg from travelling from the ovaries to the womb.
Female sterilisation most commonly fails because:
In either case, the patient would be entitled to claim for medical negligence should she become pregnant.
If your vasectomy or sterilisation was performed by a staff member at an NHS Hospital or private hospital, the NHS Trust or private organisation will have insurance to cover unwanted birth claims
If you decide to claim for compensation following a vasectomy or sterilisation gone wrong, we will contact the NHS Trust or private organisation on your behalf and manage the claim from start to finish. Many people worry they will have to go to court; however, most medical negligence claims settle prior to the hearing date.
If it can be proved that a sterilisation procedure was not carried out correctly, or the advice given concerning contraception following the operation was negligent, a claim could be upheld.
We will ensure that compensation cover considers the financial, emotional, physical, and psychological impact resulting from the unwanted pregnancy or birth. Our specialists are experts in handling such claims and achieving the highest possible levels of damages. We care about how things turn out for our clients; we know that what we can achieve for you will make a difference to your future.
Call: 01429 225200
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