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.

How JMW Can Help With Failed Sterilisation Negligence Claims

JMW’s expert solicitors are happy to offer free initial advice on any matter relating to medical negligence. If you believe that you, or any member of your family, have a potential claim, contact us for a no-obligation chat about your situation and we can advise you of what will happen next.

If your experience relates to a failed vasectomy rather than a female sterilisation, we can still advise you. For detailed information about vasectomy negligence, visit our contraception failure claims page.

We understand the impact that an unplanned or unexpected pregnancy can have, especially when you believed your family was complete or you underwent sterilisation due to health concerns. Our approach is supportive, practical and grounded in many years of specialist work in obstetrics and gynaecology negligence.

Regarded as one of the very best in the UK, our clinical negligence team is headed by leading solicitors Eddie Jones and Angharad Hughes. We pride ourselves on our proactive and professional approach and are committed to securing the very best outcome. The team includes members of the Law Society's specialist panel for clinical negligence solicitors and the Action against Medical Accidents (AvMA) solicitors panel.

Our solicitors are well-versed in claims against the NHS and private healthcare providers on behalf of clients who have suffered due to negligence.

Meet the Team

The medical negligence solicitors at JMW are considered among the most respected in the country thanks to our professionalism and track record for successful claims.

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.

To learn more, take a look at our guide on how to make a medical negligence claim.

Q

Can I claim compensation for an unplanned pregnancy after sterilisation?

A

You may be able to make a medical negligence claim if your unplanned pregnancy happened because your sterilisation procedure was carried out negligently.

Female sterilisation is intended to be a permanent form of contraception. While there is a small natural failure rate even when the procedure is performed correctly, a claim can arise where the pregnancy occurred because the standard of care fell below what a competent surgeon or gynaecologist would have provided.

Examples of medical negligence may include:

• Clips being placed on the wrong structure instead of the fallopian tube/
• Failure to fully block or remove the fallopian tubes.
• Not carrying out or responding appropriately to a pregnancy test before surgery.
• Errors in follow-up care or failure to recognise complications.

To succeed in a claim, it must be shown that the negligent treatment caused the pregnancy and that you experienced harm as a result. This harm may include physical injury, complications such as ectopic pregnancy or a formally diagnosed psychological injury linked to what happened.

If negligence is established, compensation can take account of the physical and psychological impact of the pregnancy, as well as financial losses directly connected to it, such as time off work and pregnancy-related expenses.

Each case depends on its own facts. The medical negligence team at JMW will carefully review your medical records and obtain independent expert evidence to determine whether medical negligence occurred and whether you have grounds to bring a claim.

Q

How much compensation can I receive for a failed sterilisation?

A

Medical negligence compensation for a failed sterilisation is assessed by looking at the consequences of the negligence and how it has affected your life. This can include the physical impact of the procedure, the effects of an unexpected pregnancy or birth and any psychological injury that can be supported by medical evidence. Compensation may also take account of financial losses arising from what has happened, such as loss of earnings, childcare costs or expenses linked to pregnancy and childbirth.

Each claim is considered on its own facts. The value of a claim will depend on the extent of the harm caused and the losses that can be shown to result from the failed sterilisation.

Q

Can I make a claim if my sterilisation was done at a private hospital?

A

Medical negligence claims for failed sterilisation can be brought against both NHS and private healthcare providers. If the procedure was carried out privately, the claim is usually made against the hospital group, clinic or the consultant responsible for your care.

The same legal principles apply as with NHS treatment. This means looking at whether the care fell below an acceptable standard and whether that failure caused harm. The fact that you paid for treatment privately does not prevent you from bringing a claim, and private providers are required to hold insurance to cover medical negligence claims.

Q

How long do failed sterilisation claims take?

A

These claims progress through a number of stages, and the time involved depends on how the case develops. Early steps include obtaining medical records and independent medical evidence to understand what went wrong and the impact this has had. The claim is then presented to the healthcare provider, who is given time to investigate and respond.

Some claims progress more quickly where liability is accepted and the issues are straightforward. Others take longer if the circumstances are more complex, liability is disputed, or further medical evidence is needed. The overall length of a claim is influenced by the nature of the evidence required and how the other party engages with the process.

For more detailed guidance on the length of times a claim may take, view our guide to how long a medical negligence claim may take.

Q

Are there time limits for failed sterilisation negligence claims?

A

In most cases, you have three years to start a medical negligence claim. This runs from either:

• The date of the negligent sterilisation procedure; or
• The date you first became aware, or could reasonably have become aware of the negligent treatment. This is known as the “date of knowledge”.

In failed sterilisation cases, the date of knowledge is often linked to the discovery of the pregnancy, 

There are limited exceptions. For example, if the person who underwent the sterilisation lacks the mental capacity to manage their own legal affairs, the time limit may not run while that continues. You can explore how medical negligence claim time limits work further in our blog.

Although three years may sound like a long time, it is advisable to seek legal advice as soon as possible. Early investigation allows us to obtain medical records and expert evidence while events are still recent.

When you speak to us, we will explain clearly how the limitation period applies to your individual circumstances.

Q

Will I have to go to court?

A

Most medical negligence claims are resolved without the need for a trial. However, court proceedings may be necessary if the healthcare provider disputes responsibility or does not agree on the level of compensation.

Issuing court proceedings does not automatically mean that you will need to attend court. In most cases, claims continue to progress through negotiation even after proceedings have started.

If a case does proceed to a final hearing, we will prepare you carefully and support you throughout. It is uncommon for clients to need to give evidence in person in failed sterilisation claims, but this depends on how the case develops.

Our focus is always on progressing your claim in a way that protects your position and supports you at every stage of the compensation claim process.

Q

Can I claim if I had an ectopic pregnancy after sterilisation?

A

A medical negligence claim may arise if a failure in the sterilisation procedure caused or contributed to an ectopic pregnancy, or if the ectopic pregnancy was not identified or treated appropriately. This can include errors during the original procedure, inadequate follow-up care, or delays in recognising symptoms once the pregnancy developed.

To bring a claim, it must be shown that the care you received fell below an acceptable standard and that this failure caused avoidable harm, such as physical injury or a proven psychological injury. Each case depends on the medical evidence and the circumstances surrounding your treatment and aftercare.