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What is failed sterilisation?
Many individuals come to the decision, after significant consideration, that they do not want to have or have any more children. As such, individuals undergo sterilisation of their sperm or eggs. Negligence may occur when an individual conceives a child following sterilisation taking place.
In Rees v Darlington Memorial Hospital Trust  UKHL 52 the Claimant was compensated £15,000.00 for the deprivation of their right to limit their family size.
This page focuses on female sterilisation.
An individual can undergo female sterilisation by way of general anaesthetic or local anaesthetic.
For female sterilisation to take place, the fallopian tubes are sealed or blocked so the eggs cannot travel from the ovaries to the womb through the fallopian tubes and thus, meet sperm and become fertilised. Instead, eggs will be released from the ovaries and absorb into a female’s body.
Fallopian tubes are sealed or blocked by:
If the fallopian tubes cannot be sealed or blocked, the fallopian tubes can be completely removed (this procedure is called a salpingectomy).
When is failed sterilisation negligent?
Failed sterilisation can become negligent when the following has occurred:
It is important to note known risks of female sterilisation include:
In these instances, the actions of the treating medical professionals would not be deemed negligent. As such, you would not be able to claim.
How do I make a claim?
If you feel that a medical professional has failed to sterilise you for any of the above reasons then you could be entitled to compensation. The team at Oakwood Solicitors will be able to give you free advice on the prospects of your case and whether you would be eligible to make a claim.
You have three years from the date you learn of the negligence and/or pregnancy to pursue a case so do not delay.
How long will my case take to run?
Given the complexities involved in pursuing Clinical Negligence claims, they can often take 18-24 months to conclude and longer if Court proceedings have to be issued. Our investigations start by obtaining all relevant records and protocols before approaching independent medical experts for their opinion.
We will provide you with regular updates on the progress of your case to ensure that you are kept up to speed.
How much is my claim worth?
It is often difficult to value clinical negligence claims at their outset given the complexities involved however we will pursue two forms of compensation for you:
How is my case funded?
The majority of Clinical Negligence cases are funded by a Conditional Fee Agreement, more commonly known as a ‘No-win, no-fee’ agreement. This means that there will be nothing to pay upfront and nothing to pay if the claim has been lost.
If you are successful in your claim, a deduction of 25% of damages will be taken to cover the success fee and the shortfall in legal fees.
It may also be the case that an After The Event (ATE) insurance policy will be obtained to cover the costs of expensive medical reports and investigations. If an ATE insurance policy has to be obtained, the cost of the same will be discussed with you at the appropriate point.
The cost of the ATE insurance policy is again taken from your damages and only payable if you are successful with your claim.
Why use Oakwood Solicitors Ltd to make your case for Failed Sterilisation?
We have a dedicated team of solicitors and paralegals who have many years’ experience between them in running cases of this nature. They are highly trained to deal with all aspects of clinical negligence.
We want to ensure at Oakwood Solicitors Ltd that clients are not overwhelmed by legal jargon, medical terms that they don’t understand and to allow the claims procedure to be as transparent as possible.
WHAT TO DO NEXT
For any advice about failed sterilisation or any other matter regarding medical negligence, get in touch today for a free initial consultation in complete confidence. Choose one of the methods on the right-hand side of this page, or call us on 0113 200 9787 to find out how we can help you.