VASECTOMY FAILURE AND STERILIZATION FAILURE

Wrongful Birth falls into two categories. The first is sterilization failure or vasectomy failure. The second arises where correct screening has not taken place and parents have not been warned that a child may be born with a specific disability and if they had been warned would have terminated the pregnancy

Sterilization Failure occurs when a female sterilization operation has been unsuccessful and has resulted in an unwanted pregnancy. The term 'wrongful birth' is used to describe a claim which arises out of the birth of a child who would not have been born in the absence of medical malpractice. It is generally understood that if conception occurs shortly after the sterilization operation than it is likely that the operation was carried out negligently. Occasionally even when an operation is performed without negligence it may still fail if one of the fallopian tubes repairs itself which, when it does occur normally takes about a year. Most doctors warn about the risk of this occurrence in advance of the operation, and it may be negligent not to advise of this risk in advance of the operation however, this does not excuse a negligent operative technique.

Vasectomy Failure occurs when a male sterilisation operation has been unsuccessful and has resulted in an unexpected conception. Common grounds for negligence include the failure to advise about the need to use alternative forms of contraception for several months post-vasectomy, occasional failure of an operation which has been carried out properly and failure of operative technique.

A settlement for sterilization failure or vasectomy failure may include compensation for physical and emotional pain, and the incapacity and distress of an unwanted pregnancy and labour, together with the costs of re-sterilization or further vasectomy procedure. Compensation can also be claimed following a termination. Some incidental losses and expenses relating to the child’s upbringing can be claimed and considerably more is awarded to a child who has any disability. Healthcare providers including hospitals, consultants, doctors, nurses and technicians are usually fully insured against vasectomy failure and sterilization failure which results in wrongful birth claims and it is the insurer who will pay any compensation that is awarded.

We can help you assert your rights and get the settlement you deserve in a wrongful birth claim. Limitation periods differ from State to State and you should take legal advice as soon as possible. Our lawyers will deal with your claim using a contingency fee arrangement and if you don't succeed in receiving a settlement then your lawyer won't get paid. We will give you free advice on how best to pursue your claim and what actions you should take to preserve your legal rights. You will receive a complete professional service from lawyers who specialise in claiming compensation for personal injury caused as a result of medical malpractice. If you would like to know if it is possible to claim compensation, just complete the contact form and an attorney who is a member of The Association of Trial Lawyers of America will telephone you as soon as possible with free advice.