A 43 year old man's vasectomy procedure was negligently performed by a surgeon who cut off the blood supply to his left testicle, resulting in it's removal 6 weeks later. He was awarded:
Taking the decision to have a vasectomy can be a difficult one but when a man makes the choice, either for personal or medical reasons, they expect the procedure to be conducted by competent medical professionals and for any complications to be picked up and treated efficiently. Most men that undergo the vasectomy procedure in the UK receive an excellent level of care and don’t experience further complications.
But this unfortunately is not always the case and failed vasectomies do occur. For some men, the operation fails, resulting in an unwanted pregnancy, can lead to an infection, or clinical errors made during the operation may mean that further surgeries are needed in the future.
If you’ve experienced a failed vasectomy and would like to make a compensation claim, Your Legal Friend can help you. We work on behalf of those that have experienced medical negligence, helping those that have suffered receive financial compensation and the answers that they deserve. We know that any legal process can be daunting and personal claims can be even more so. That’s why we have a team of professional medical negligence solicitors on hand to guide you every step of the way.
A failed vasectomy can turn your life upside down and we know that compensation can’t undo that. But it can help ease financial concerns that you have and help you move forward with the rest of your life. Whether you want to take a case forward after an unexpected pregnancy or following complications that have affected you, contacting us should be your next step.
When you’ve been affected by medical negligence you often aren’t thinking about making a claim. But there is a time limit that you must act within in order to hold those responsible to account.
If you’ve experienced a failed vasectomy or complications from the procedure, you have three years to bring your claim forward. The time limit starts from the ‘date of knowledge’ – the legal term for when you first realised that a mistake had been made. In the case of failed vasectomies this can be years after the initial procedure was conducted. For some cases, this starting point can make it difficult to understand how long you have to act. If you’re unsure, our team of experienced, professional solicitors can listen to your experience and offer their insight, ensuring you know when you must take action.
If you do not claim within the set time period, your claim will be considered ‘statute barred’ or ‘out of time’ and will unfortunately not be taken further. There are two exceptions to this rule, in the case of children and if the negligence directly led to a fatality. In these cases suing the NHS for negligence is still possible as the date on which time begins to run is the date of the child’s 18th birthday, and in the case of fatalities, from the date of death.
While you do have up to three years to process your claim, we recommend that you act sooner. This is because it can help support your case. We’ll use evidence, including medical records and witness statements, to support your claim. In many cases, these can be easier to source and obtain if action is taken as close to the ‘date of knowledge’ possible.
Throughout your claim, Your Legal Friend will help you every step of the way
I am very happy and satisfied with the settlement you achieved for me and the service was excellent and thank you very much
Mrs E. Swaffield
Our medical negligence team has years of experience working on a wide variety of misdiagnosis cases so we understand just how difficult a decision it can be to bring a failed vasectomy case.
That’s why we are committed to guiding you through every step of the process. We ensure that your claim is handled carefully and professionally by our specialist solicitors, while working alongside medical experts, to guarantee the best results for you.
Our medical misdiagnosis team is headed by Laura Morgan who has a wealth of experience in leading complicated, high value failed vasectomy cases.
Laura is recognised within the legal profession as a leader in the field of medical negligence and serious injury compensation. Laura has acted in a wide range of cases over her 17 years of practice and has particular expertise in acting for children who have suffered brain injury due to mismanaged birth or surgical errors, and in managing claims that have resulted in the death of a loved one. Laura has achieved a number of large settlements including £5.4 million for a 7 year old and £4 million for an 11 year old child.
Laura’s expertise and dedication to her clients is recognised in the Chambers guide to the Legal Profession in which she was praised for the efficiency of her approach to case handling and described as “tenacious and detail-oriented”.
Laura has been a member of the Law Society Clinical Negligence Panel since 2005 and accredited as a Senior Litigator in the Association of Personal Injury Lawyers (APIL) since 2006. Laura is also a member of the specialist lawyers panel for Action against Medical Accidents (AvMA), the UK’s leading charity committed to patient safety and justice.
The effects of medical negligence can be devastating for the individual and their families, so securing appropriate compensation for them as quickly as possible is our top priority.
Director of Medical Negligence
Pay nothing if you lose your case, get maximum compensation if you win
Whatever the nature of your failed vasectomy claim, we always seek the maximum level of compensation for our clients – and if your case is unsuccessful, we don’t charge you any fees. This is our guarantee for all standard failed vasectomy claims.
With our no win, no fee guarantee, you pay nothing, unless you win your compensation claim. At that point you will only pay your insurance premium, if applicable, and the success fee, which will never be more than 25% of the amount you win.
We ask you to sign forms of authority so that we can obtain your medical records from your GP and any hospitals that have treated you.
As the medical experts we instruct need to know what happened during your treatment, we work with you to draft a detailed, accurate statement in your own words.
You are responsible for minimising the losses you have incurred as a result of the alleged medical negligence, so you need to attend any available treatments that could aid your recovery. You may also need to return to work as soon as it’s safe to do so.
You must prove that the treatment you received fell below the standard expected of a reasonably competent and skilful medical specialist of the type who treated you and that, as a result, you suffered a loss or injury. To do this, we obtain independent medical evidence from an expert in the appropriate area of medicine.
We have to establish whether the sub-standard treatment you received is likely to have led to your injury or loss. As this can be difficult to establish, you may need to see one or more medical experts who will assess your current condition and what the future holds for you.
The value of your claim comprises:
You need to keep all original financial documents safe as these will be needed when we prepare your case to go to Court. These documents include accounts, payslips, and receipts for expenses and medical treatments.
Although only a small number of cases proceed to a trial, we prepare every case for this eventuality.
The trial takes place before a Circuit or High Court judge who will make a decision based on the evidence we have prepared.
If you win your case, the amount of compensation will be decided by negotiation with the defendant or, if your case goes to trial, by the judge. The defendant will usually be ordered to pay us the costs we have incurred in preparing your case. We will also agree a date by which your compensation will be paid to us so that we can pay your compensation as quickly as possible.
If you’ve been affected by a failed vasectomy you may be able to make a compensation claim. In order to be successful, you will need to prove that the failure was a result of medical negligence and caused you undue suffering.
There are different ways that this can be shown, depending on your personal case. For instance, the initial procedure may not have been completed adequately, leading to sperm still being present in the semen, or test results to measure fertility not being accurate. Demonstrating undue suffering also varies from case to case. For instance, if a failed vasectomy has resulted in an unwanted pregnancy or if a complication of medical negligence led to you needing to take time off work and losing income.
When you choose Your Legal Friend, we work with you to build a case and can offer the advice and support you need throughout. If you’re unsure if you have a failed vasectomy case that you could take forward, we’re here to help too. Using our knowledge of the legal process, we’ll help you understand and build a claim that gives you the best possible chance of holding those responsible to account and awarding you financial compensation.
The amount of compensation you could receive from a failed vasectomy case varies as it takes your personal experience into account. When you work with us, we’ll take the time to listen to your case, allowing us to put an accurate value on your personal case.
We take a wide range of factors into consideration when valuing you failed vasectomy. This could include complications you have endured, such as intense long-term testicle pain, the need for further surgery, or blood clots developing, and whether the failure of the procedure has resulted in an unexpected pregnancy.
Without first talking to you about your experience, we can’t say how much compensation you case could win if successful. However, medical negligence is a serious issue and the NHS pays out millions every year to those that have been affected, including where complications have arisen, tests have not been conducted properly, or procedures have not been conducted as they should have been. If you’ve been affected by failed vasectomy and medical negligence, it’s your right to take legal action to hold them to account and we can help you.
As with all medical negligence claims, you must make a compensation claim for a failed vasectomy within three years, after this point you don’t won’t be able to hold those responsible to account.
The timeframe for making a compensation claim, however, doesn’t start from the date that you had the procedure but when you first realised that mistakes had been made. The legal term for this is the ‘date of knowledge’ and in failed vasectomy cases this can be a considerable amount of time after the operation has taken place. In some cases, it can be difficult to understand when the ‘date of knowledge’ occurred and therefore work out exactly how long you have to take action. But we’re here to offer you support. Using our skills in medical negligence claims, we’ll help you identify your timeframe.
While you do have up to three years to process your failed vasectomy claim, we advise that our clients act as soon as they can. This not only ensures the process concludes quicker, enabling you to move forward, but can help with building your case. We’ll use medical records, test results, and more to support your claims and typically these are easier to obtain closer to the point of knowledge. You will also be required to give a witness statement and the more details you can recall, the stronger it will be.
A vasectomy is a surgical procedure for male sterilization, providing permanent contraception. It’s an option that over 10,000 men choose every year in the UK. It’s effective in more than 99% of cases. For every 2,000 men who are sterilised, one will get a woman pregnant during the rest of his lifetime.
A vasectomy is considered a minor operation that cut, blocks, or seals the tubes that carry sperm from a man’s testicles to the penis, acting as an effective contraception. The whole procedure can normally be completed in around 15 minutes and using local anaesthetic, allowing most men having the operation to return home the same day. In some cases, general anaesthetic may be used, where the patient is asleep during the operation, but this is rare.
A vasectomy can be performed at either a GP surgery, hospital, sexual health clinic, or a private clinic. Before you have a vasectomy, your doctor will ask about your circumstances and provide information and counselling before agreeing to complete the procedure. These steps aim to ensure that you are certain about having a vasectomy.
There are two types of vasectomy that can be performed:
This is the traditional method of performing a vasectomy. During this procedure, local anaesthetic is used to numb the scrotum, allowing the doctors to make two small cuts, one each side, the incisions will be around 1cm long. Through these incisions, the tubes that carry sperm will be cut and a small section removed before they are either tied or sealed. Usually the incisions are then stitched using dissolvable stitches.
As the name suggests, a no-scalpel vasectomy doesn’t involve making incisions. Instead, the doctor will feel for the tubes and hold them in place using a small clamp. An instrument is then used to make a tiny puncture hole in the skin, which can then be opened up using a small pair of forceps. The tubes are closed up in the same ways as a conventional vasectomy but there is no need for stitches. It’s chosen over the traditional operation as it’s thought to be less painful following the procedure and reduce the risk of complications occurring.
There are several different ways that a failed vasectomy can happen. It’s most commonly the result of a mistake during the surgical procedure meaning that the tubes were not cut properly, allowing sperm to still pass through. However, there should be follow up tests conducted after the procedure to ensure that the vasectomy has worked. These tests should highlight where a failed vasectomy has occurred, allowing those affected to use other methods of contraception or to have the surgery repeated.
The simplest way of telling if a vasectomy has failed is through the presence of sperm in the semen. It can take up to eight week for there to be no sperm present but if it still is after a few months, it indicates that the procedure has failed. Those responsible for your care should test you up to two times following the vasectomy, allowing a failed procedure to be identified quickly.
However, if you had a failed vasectomy that wasn’t spotted it can lead to unwanted pregnancies and additional pressure. If it’s something you have experienced, you may be able to make a compensation claim against those responsible for your failed procedure and the failing in recognising that it hadn’t worked. If you’re unsure whether you have a claim that you could take forward, we can help you understand and give you access to the advice and skills you need to take the next step.
Following a vasectomy, you should be given advice by those that are responsible for your care. This advice ensures that you don’t get a woman pregnant and can reduce the risk of other complications occurring.
You should be told to use another form of protection for at least eight weeks after the operation, as the sperm can stay in the tubes leading to the penis for this long. You should also be offered tests to ensure that sperm is no longer in the semen, indicating that the vasectomy has been a success. If you weren’t given the advice you should or weren’t given a test, you may have the basis of a compensation claim. We can help you take a failed vasectomy compensation claim forward if you’ve been affected.
A vasectomy doesn’t work immediately. You should be advised to use contraception for the first eight weeks after the operation and up to two semen tests should also be conducted, to ensure that all the sperm has gone.
If you’ve not had a test following the vasectomy it could mean it has failed but that you’re unaware, meaning that you’re still fertile. You should be able to rely on those responsible for the vasectomy to ensure that the necessary tests are carried out to identify any potential issues. In some cases, a test may not be conducted properly or results read inaccurately, leading to you believing that it has worked when this isn’t the case.
If tests have indicated that the vasectomy was successful when this wasn’t the case, you may be able to make a compensation claim to reflect the medical negligence that has occurred in you care.
As with all procedures a vasectomy does carry some risks, including the chance of an infection developing. Some of the issues that can follow a vasectomy are:
While the complications of a vasectomy are rare you may be able to make a compensation claim if you experienced complications due to medical negligence. If you’ve been let down by those responsible for your care after undergoing a vasectomy, you should be able to hold them to account. You may not be able to claim for all complications of a vasectomy and it will depend on the circumstances of your case. But if you want to learn more, one of our experienced solicitors will be able to offer you the advice you’re looking for.
Every year thousands of vasectomies are conducted across the year and in 99% of cases the procedure is successful. For every 2,000 men that have the operation, just one will get a woman pregnant during his lifetime. The odds mean that it’s an attractive contraceptive method for men that are sure they don’t want children in the future.
Other complications of vasectomies are rare too. Although, around one in ten men will experience long-term testicle pain following the procedure. However, in many cases, this is an occasional dull ache that is uncomfortable rather than intense pain.