Failed Sterilisation & Contraception Claims

If you or your partner have undergone a sterilisation procedure or have been using contraception and then subsequently become pregnant or suffered medical complications, you may be able to make a compensation claim. The experts at JMW have the expertise and experience to provide the legal guidance you need.

We understand how sensitive this issue can be, and our medical negligence team will treat your claim with the utmost discretion. We will support you through every stage of a failed sterilisation claim, and work to give you the best possible chance of a positive outcome.

If you have experienced a contraception failure or a failed sterilisation procedure due to medical negligence, speak to a member of the team about making a claim. Call us today on 0345 872 6666, or complete our online enquiry form to request a call back at a time that is convenient for you. We are able to take on cases on a no win, no fee basis.

How JMW Can Help

Whatever the nature of your situation, our experienced and sympathetic medical negligence solicitors will be happy to discuss your contraceptive failure claim on a confidential basis and make initial recommendations. We have helped many clients who have suffered as a result of negligence to claim compensation.

We are specialists in claims for compensation for issues stemming from unwanted or unintended pregnancy, together with the consequential physical and emotional effects. This includes cases in which children have developed a disability, giving rise to additional care, support and medical needs.

We have a strong track record of success and the experience necessary to give a medical negligence claim the best chance of a successful outcome. JMW's medical negligence lawyers always approach such cases in a professional, sympathetic and understanding manner. We feel that a close, supportive relationship with you is vital in order to achieve a successful outcome for your individual case.

Headed by leading solicitor Eddie Jones, JMW's clinical negligence team is widely known for securing the best possible outcome for our clients. The team is respected throughout the UK and includes members of the Law Society's specialist panel of clinical negligence solicitors, as well as the Action against Medical Accidents (AvMA) solicitors panel.

JMW can help you build a strong case to maximise the chance of getting the compensation you deserve. Our specialist solicitors will discuss the full details of your case, before instructing medical experts to gather the evidence needed to pursue a successful claim. 

We can handle claims on a no win, no fee basis, meaning you will not pay any legal fees unless the case is successful and compensation has been awarded. We will also work to obtain interim payments where possible to help pay for any immediate care requirements or to assist with any rehabilitation that may be required.  We pursue cases expeditiously in order to obtain a settlement at the earliest opportunity once the case has been quantified, so that you and your family can obtain some closure.

What Kinds of Contraceptive Procedures Can I Make a Claim For?

There are various forms of contraception, including condoms and the contraceptive pill, but the main types that require surgical treatment include female sterilisation and vasectomies. Each procedure will carry a certain degree of risk, but we will investigate whether any failed procedure or injury that has occurred has arisen from any lack of care or negligence. 

Here are some of the most common contraceptive methods for which you might be able to make a claim:

• Female sterilisation (tubal ligation) - female sterilisation surgery involves the fallopian tubes, which connect the ovaries to the womb, being sealed or blocked, removing the possibility of the eggs being fertilised. Medical errors can result in the procedure not being performed correctly - for example, through improper fastening of clips to the fallopian tubes.
• Male sterilisation (vasectomy) - a vasectomy involves the tubes that transport a man's sperm from the testicles to the penis being cut and sealed, meaning the semen will no longer contain any sperm. Mistakes can be made during this procedure - for example, when an incorrect structure, such as a ligament, is cut instead of the intended tube - that will render the vasectomy ineffective.
• Intrauterine devices (IUDs) - an IUD is a small device that is inserted into the uterus to prevent pregnancy. There are two types: copper IUDs and hormonal IUDs. If the IUD is improperly inserted, it dislodges or perforates the uterus, which can lead to serious complications, including infection, heavy bleeding and unwanted pregnancy. If this occurs due to medical negligence, you may be entitled to compensation.
• Injectable hormones - these are injections of the hormone progestogen, which are given every two or three months to prevent pregnancy. If the injections are administered incorrectly, or if you were not adequately informed of the potential side effects and risks, you may have a claim if you suffer complications, or an unexpected pregnancy.
• Oral contraceptives - these include combined oral contraceptives (which contain the hormones oestrogen and progestogen) and the progestogen-only oral contraceptive pill. If a healthcare professional prescribes these incorrectly - for example, if they fail to take into account your medical history or other medications you are taking - you may suffer side effects or an unplanned pregnancy as a result and may be able to make a claim.
• Contraceptive implants - these are small flexible rods that are inserted under the skin of your upper arm and release progestogen to prevent pregnancy. If the implant is inserted incorrectly, or if it migrates or causes serious side effects, you may be able to claim compensation if this is due to medical negligence.

All forms of contraception carry some risk or a failure rate, but when this is the result of medical negligence on the part of the professional carrying out the procedure or treatment, it may be possible to claim financial compensation for the pain and suffering their mistakes have caused. If you believe this to be the case, our team at JMW Solicitors is here to provide the guidance and support you need to make a claim. Our specialist medical negligence solicitors have helped many people in a similar position to yours to make successful failed sterilisation or failed contraception claims.

What Are the Consequences of Contraceptive Failures and Negligent Treatment?

The consequences of failed contraception and negligent treatment can be both physical and emotional, and they can significantly impact your life. Here are some of the potential consequences:

• Unwanted pregnancy - one of the most immediate and significant consequences of contraceptive failure is an unwanted pregnancy. This can have substantial emotional, financial and physical impact, particularly if the pregnancy results in complications or if it occurs in a context where the individual is not prepared or willing to become a parent.
• Physical complications - depending on the birth control method used, there can be a range of physical complications. For instance, an improperly inserted IUD can cause pain, heavy bleeding and potentially serious complications, like infection or damage to the uterus. In a failed tubal ligation sterilisation, the fallopian tubes are at risk of injury, and other types of failed sterilisation procedure can lead to complications such as infection, bleeding or injury to nearby organs.
• Emotional distress - the emotional distress caused by an unplanned pregnancy or a medical complication can be significant. This can include feelings of anxiety, depression and stress, and these feelings can be exacerbated if the individual feels that their trust in a healthcare provider has been undermined.
• Financial impact - the financial impact of contraceptive failure can also be substantial. This can include the costs of pregnancy and childbirth, and the costs of raising a child if they are left with disabilities due to medical complications. If the failure of a specific procedure was due to medical negligence, these costs might be recoverable through a compensation claim.
• Impact on relationships - contraceptive failures can also have an impact on relationships. An unexpected pregnancy can put considerable strain on a relationship, and the emotional distress associated with a medical complication can also affect relationships with partners, family and friends.

If you believe you have suffered due to contraceptive failure as a result of medical negligence, you should seek legal advice as soon as possible. At JMW Solicitors, we can help you understand your rights and guide you through the process of making a compensation claim.

What Is the Process for Making a Contraceptive Failure Compensation Claim?

At JMW Solicitors, we aim to make the process of making a compensation claim as straightforward as possible. Here is how it works:

1. Initial consultation - our experienced solicitors will discuss your case with you in confidence to understand your situation, providing their initial view on the prospects of success and/or what investigations are required. 
2. Evidence gathering - we will gather evidence to investigate whether there has been negligent treatment by consulting medical experts and obtaining reports on the quality of the care you have received. We will also gather evidence to quantify the claim and the impact that it has had on you.
3. Claim submission - we will submit your claim, and work to obtain interim payments where possible if they are needed to cover your immediate care requirements.
4. Resolution - we will work tirelessly to settle the claim at the earliest opportunity, helping you and your family move forward.

Our aim will always be to obtain a just and fair settlement out of court, in order to bring the case to a swift conclusion and avoid the stress of a court hearing. If it turns out that court proceedings are necessary, then we will represent you at every stage of the process, minimising the impact on your personal life and giving you the best chance of success.