Failed Sterilisation Claims

If you have suffered physically or emotionally as a result of negligent female sterilisation surgery, the specialist solicitors at JMW can help you claim the compensation you deserve. A failed sterilisation can be deeply distressing, and it may lead to physical pain, psychological injury, and significant changes to family life. We are here to support you through the claims process with care and compassion.

Our team of highly regarded medical negligence lawyers has helped many people in this position, and is perfectly placed to secure the outcome that you deserve. We can provide the support you need throughout your failed sterilisation claim.

Contact our friendly clinical negligence team today by calling us on 0345 872 6666. If you would prefer for us to contact you, simply complete our online enquiry form and we will be in touch at a time convenient for you. Our solicitors can take on cases on a no win, no fee basis.

When a Sterilisation Procedure Fails

Female sterilisation is intended to be a permanent form of contraception. Most procedures involve blocking, removing or severing the fallopian tubes so that eggs cannot meet sperm. The NHS explains that sterilisation is highly effective, but no method offers complete certainty. Because of this, a small number of pregnancies can occur naturally even when the procedure is carried out correctly.

What counts as a failed sterilisation?

A failed sterilisation usually becomes evident when a person experiences an unplanned pregnancy. In some cases, a fertilised egg implants in the fallopian tube rather than the womb, leading to an ectopic pregnancy. This can be dangerous and may require urgent medical treatment, including surgery.

A sterilisation may have failed for several reasons, including:

• The fallopian tubes were not fully blocked or removed.
• Clips were placed on the wrong structure, such as a ligament or blood vessel.
• The tubes reconnected over time.
• A pregnancy test was not performed or acted on before surgery, meaning an early pregnancy went undetected.
• Post-operative symptoms were not assessed properly, delaying identification of complications.

Even when performed correctly, sterilisation can occasionally fail because no procedure is completely effective. This natural failure rate does not automatically indicate negligence. We will first investigate the full details of your case to ascertain whether or not you have a valid claim, by analysing medical records and consulting with independent medical experts to give you the best possible chance of claiming the compensation you deserve.

When Failed Sterilisation May Be Medical Negligence 

A medical negligence claim arises when the procedure was not carried out to an appropriate standard and this caused avoidable harm. Some examples of negligent treatment include:

• Clips placed on the wrong structure rather than the fallopian tube.
• Failure to confirm that the tubes were fully blocked or removed.
• Failure to advise that contraception was still needed until follow-up confirmation.
• Not carrying out or responding to a pregnancy test before the procedure.
• Surgical errors causing damage to the bowel, bladder, blood vessels or other organs.
• Delayed recognition of complications, leading to internal bleeding or infection.
• Inadequate consent, such as failing to explain the nature of the procedure, the risk of failure or available alternatives.

How We Prove Negligence

To bring a successful medical negligence claim, we must show:

• A healthcare provider, be it the NHS or a private hospital or clinic, owes you a duty of care.
• That duty was breached because the standard of care fell below what a reasonable professional would provide.
• The negligent treatment caused the pregnancy, injury or complications.
• You experienced loss, which may include physical injuries, psychological injury financial impact and unexpected pregnancy or birth.

In cases where negligence is the cause, our team will also work hard to secure interim payments, where possible, to help you afford any immediate care requirements you may have as a result of the negligence you have suffered.

The Impact of Failed Sterilisation

An unplanned pregnancy after sterilisation can be physically and emotionally demanding. You may need additional scans, appointments or treatment. In some cases, people experience complications such as ectopic pregnancy or require further surgery, including caesarean section, as part of the pregnancy journey.

If the pregnancy results in a child being born,  then it is legally called a wrongful birth. The additional costs of the pregnancy and time off work are recoverable, but the general costs of raising a healthy child are not recoverable, as the courts do not deem a healthy child to be a financial burden. However, if the child is born with a disability or health condition that should have been identified or avoided through correct medical care, these additional compensations can be recovered to cover those costs.

A failed sterilisation can also lead to psychological injury, such as:

• Anxiety linked to pregnancy or complications.
• Depression arising from significant lifestyle changes or the circumstances of the conception.
• Trauma associated with emergency surgery or the discovery of an ectopic pregnancy.

Where these conditions are formally diagnosed, they may form part of a medical negligence claim.

A failed sterilisation may also have financial and practical impacts on your life, such as :

• Time off work and reduced earnings.
• Additional childcare costs.
• Housing or lifestyle adjustments due to the unexpected arrival of a child.
• Ongoing specialist support or equipment if the child has additional needs.

When preparing your case for a medical negligence claim, the team at JMW will look at all every aspect of your life that has been impacted, so you can be fully compensated for the effect this has had on your health, welfare and financial wellbeing.

How to Make a Failed Sterilisation Claim With JMW

Although every case is different, in many cases the claims process follows a similar set of steps:

Initial free consultation: your first conversation with us is an opportunity to explain what happened. We ask questions about your procedure, symptoms and the impact on your daily life, and we offer clear initial guidance about whether you are entitled to make a claim for compensation.

Gathering medical records and expert evidence: our solicitors will obtain your GP and hospital records, including operation notes, consent forms and follow-up appointments. We will then instruct independent medical experts, such as obstetricians, gynaecologists and psychiatrists, to provide opinions on:

• Whether the treatment met a reasonable standard.
• Whether negligent treatment caused your pregnancy or complications.
• The long-term impact on your health and wellbeing.

Presenting the claim: we prepare a detailed letter of claim outlining:

• The negligent treatment.
• How it caused your pregnancy or injuries.
• The consequences for your physical, psychological and financial health.

Once we send the letter of claim, the hospital or clinic has four months to investigate what happened and provide a formal response explaining whether they accept or deny responsibility.

Negotiation and possible court proceedings: if the healthcare provider accepts responsibility, we work to agree compensation through negotiation. If they dispute responsibility or the value of the claim, we may issue court proceedings. We continue to support you closely throughout.

Where appropriate, we can handle your claim through a no win, no fee agreement. We will explain this fully during your initial consultation so you understand how funding works. 

Evidence In Failed Sterilisation Claims

A strong claim relies on having a solid base of evidence to present. This includes:

• Medical records and documents: this includes operation notes, consent forms, discharge summaries, pregnancy tests, scans and GP records.
• Personal evidence: your own account of what you were told, how the procedure unfolded and how the pregnancy or complications affected you is very important. Letters, emails, messages and other correspondence will help to develop a picture of what happened.
• Expert reports: during the claims process, we may engage independent experts in obstetrics, gynaecology and psychiatry to provide opinions on the standard of care, causation and the long-term effects of your experience.

Where possible, you should save any letters or other messages you have from doctors, nurses and other professionals involved in your care. This will allow us to form the basis of your claim.

Q

Can I claim compensation for an unplanned pregnancy after sterilisation?

A

If your pregnancy was caused by negligent treatment with your sterilisation, you can make a claim.

Q

How much compensation can I receive for a failed sterilisation?

A

The amount of compensation you can claim depends on any unexpected pregnancies, births or injuries, alongside the psychological impact and associated financial losses. We will assess your individual circumstances and advise you.

Q

How are sterilisation operations performed?

A

In the past, many sterilisations were performed via a laparotomy (opening of the abdomen) and the most popular and successful was the Pomeroy technique. This involved drawing the tube up into a loop and then tying off the base with catgut. The loop was then cut off. This method is still sometimes carried out using a laparoscope and is usually highly effective.

Nowadays, the vast majority of sterilisations are performed using laparoscopy (keyhole surgery). The most common laparoscopic techniques include:

• Application of clips (otherwise known as Hulka-Clemens or Filshie techniques)
• Application of silastic rings (otherwise known as falope rings)
• Using heat to cut the tubes (diathermy coagulation). This method, however, is becoming less common due to a high failure rate

Q

What are the common causes of negligence?

A

Surgical mistakes are more likely to occur with the closed laparoscopic method than with the abdomen open at laparotomy, particularly in the hands of an inexperienced surgeon, and it is not uncommon for the round ligaments in the pelvis to be mistaken for the fallopian tubes.

When clips are used, it is important that they are applied to the narrowest part of the tube (the isthmus). If they are applied to the wider part, they may not completely occlude the tube. Most surgeons now apply two clips to each tube in an attempt to reduce failure rates

Regardless of the method of sterilisation used, and however expertly it is performed, operations can still sometimes fail. The two main reasons for this are

• The two halves of the divided fallopian tube can come together and rejoin (recanalisation)
• The formation of a fistula (an abnormal passage) between the tube and the peritoneum (lining of the abdominal cavity). This happens most commonly with diathermy coagulation

Female sterilisation is not a fool proof method of contraception and all women undergoing the procedure should be warned of possible failure.

In cases where a woman becomes pregnant shortly after the operation (in less than 12 months), it has been suggested that this is more likely to be due to surgical error than simply luck.