Failed Contraception and Wrongful Birth Claims
If you have endured an unwanted pregnancy or wrongful birth as a result of a failed sterilisation operation, you could be entitled to compensation.
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Tilly Bailey & Irvine’s expert medical negligence claims solicitors have secured significant settlements for the mistakes of a medical professional due to:
- Failed vasectomy, sterilisation or hysterectomy procedure
- Failed contraception including intra-uterine devices, injectable hormones and side effects from oral conception.
- Bad advice or failed screening from a medical professional
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.
To successfully claim for a wrongful birth or a failed sterilisation or vasectomy, you need robust legal representation and advice. At Tilly Bailey & Irvine, we have been accredited by the Action Against Medical Accidents (AvMA). Our specialist team of medical negligence lawyers have dealt with numerous of cases of wrongful birth, and therefore have the experience and expertise required to bring a strong medical negligence case.
We are not a faceless claims management company; we are real lawyers with a strong track record of successfully winning clients significant compensation awards. Our medical negligence team is led by John Hall. As well as having years of experience running medical negligence claims, John is a panel member of Action Against Medical Accidents (AvMA) and a Senior Litigator with the Association of Personal Injury Lawyers.
John and his team understand the courage and commitment it takes to bring a claim of this kind. As experts in this field, we can provide sympathetic and professional advice, keeping you fully informed at every stage of the process.
What is a wrongful birth?
Wrongful 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. It may include such incidents as wrong advice about the risks of a child being born with an inherited genetic disorder, or not interpreting a Down’s Syndrome screening correctly.
How does a vasectomy fail?
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.
Why does sterilisation fail?
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:
- Clips used to block the fallopian tubes are not attached correctly and fall off; or
- the fallopian tubes join back together (known as recanalisation).
In either case, the patient would be entitled to claim for medical negligence should she become pregnant.
It is not just wanting to restrict the size of their family that causes some women to choose sterilisation. Many have had hard pregnancies, for example, they may have suffered from hyperemesis gravidarum which causes uncontrollable vomiting for around 16 weeks (sometimes longer). Falling pregnant again, having suffered from this or other health-related pregnancy conditions, can be physically and psychologically devastating.
Who is responsible for failed contraception?
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.
How to make a wrongful birth claim
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.
Our firm understands that those who have given birth to a child after a failed vasectomy or serialisation procedure may already be under considerable financial pressure. Therefore, we offer no win, no fee arrangements, (also known as Conditional Fee Arrangements, or CFAs). If we do not succeed in claiming compensation for you, you will not pay any legal fees. We can offer ATE insurance to cover the cost of disbursements. No premium is payable if your claim is unsuccessful.
To find out more about how we can advise you on a wrongful birth claim, please call us on 0333 444 4422 to talk to one of our solicitors.