Contraception Failure Compensation Claims

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Contraception Failure Compensation Claims

If you or your partner have undergone a contraception or sterilisation procedure and have subsequently become pregnant or suffered medical complications, you may be able to make a contraception failure compensation claim. The legal 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 your claim, and work to give you the best possible chance of a positive outcome.

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

What Our Clients Say

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 the compensation to which they were entitled.

We can assist in claims for compensation for issues stemming from unwanted or unintended pregnancy, and its physical and emotional aftereffects. This includes cases in which children have developed a disability, giving rise to additional medical needs.

We have the experience necessary to ensure your claim has every chance of success, and will always approach such cases in a professional, sympathetic and understanding manner. We feel that a close, supportive relationship with our clients is important in helping us to achieve a successful outcome.

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 to build a strong case to improve your chances of getting the compensation you deserve. Our specialist solicitors will discuss the full details of your case, before gathering evidence of clinical negligence by consulting medical reports and speaking to independent experts.

We can handle claims on a no win, no fee basis, meaning you will not owe 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, and aim to settle the claim at the earliest opportunity to help your family move on.

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 carries a certain degree of risk, and the dangers are greatly amplified when medical professionals act in a negligent way.

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

  • Female sterilisation (tubal ligation) - this is a form of surgery that involves the fallopian tubes, which connect the ovaries to the womb, being sealed or blocked, removing the possibility of the eggs being fertilised. However, 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, dislodges or perforates the uterus, it 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're taking - and you suffer side effects or an unwanted pregnancy as a result, you 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 a sterilisation procedure, 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.

What are the consequences of contraceptive failures and negligent treatment?

The consequences of contraceptive failures 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 impacts, 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. Similarly, a failed sterilisation procedure can lead to complications such as infection, bleeding or injury to nearby organs.
  • Emotional distress - the emotional distress caused by an unwanted 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 contraceptive failure 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 contraception failure compensation claim as straightforward as possible. Here's how it works:

  1. Initial consultation - our experienced solicitors will discuss your case with you in confidence to understand your situation, providing initial legal recommendations.
  2. Evidence gathering - we will gather evidence of clinical negligence by consulting medical reports and speaking to independent experts. This could include evidence of the failed procedure itself, as well as the physical and emotional impact 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 the immediate care requirements for a disabled child.
  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 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.

FAQs about Contraception Failures

What is the average contraception failure rate?

Some contraceptive methods are more effective than others, and no single method can be considered 100% reliable. However, all of the available figures estimating contraceptive failure rates indicate that most methods should be considered highly reliable in the vast majority of cases.

Data from the NHS shows that all of the most commonly used contraceptive methods are between 95% and 99% effective when they are perfectly used, meaning cases where the methods are always used correctly. Even in typical use scenarios, where the method is not always used correctly - such as missing a pill, or getting an injection later than the recommended date - most methods are still effective the majority of the time. For example, male and female condoms are around 80% effective even when used imperfectly, while diaphragms and caps are around 71% to 88% effective. In the case of implants and IUDs, user failure will not be an issue.

However, even the most reliable contraceptive method could be prone to failure or side effects if they have been inappropriately recommended, or medical negligence is involved. In these cases, you may be able to make a compensation claim.

What can cause vasectomies to fail?

Vasectomies are generally a very reliable form of contraception, but in rare cases, they can fail. Here are some of the potential causes:

  • Early post-vasectomy sexual activity - if you engage in unprotected sexual intercourse soon after the procedure, there may still be sperm present in the semen, leading to a potential pregnancy. It is recommended to use another form of contraception until a semen analysis confirms the absence of sperm.
  • Spontaneous recanalisation - this is a rare occurrence where the vas deferens (the tube that was cut during the vasectomy) manages to grow back together or "recanalise". This can allow sperm to mix with the semen again, leading to a potential pregnancy.
  • Surgical error - if the vasectomy procedure is not performed correctly, it can result in a failed vasectomy. This could be due to the wrong duct being cut, both vas deferens not being fully sealed, or a single vas deferens being cut instead of two.
  • Misdiagnosis of success - after a vasectomy, it is vital to have follow-up semen analyses to confirm that no sperm are present. If these tests are misread or not performed, a man might incorrectly believe he is sterile when he is not.

If you believe your vasectomy has failed due to medical negligence, such as surgical error or misdiagnosis of success, you may have grounds for a failed vasectomy compensation claim. At JMW Solicitors, we can provide the guidance and support you will need.

Talk to Us

If you have suffered from a contraceptive treatment that has gone wrong, the JMW medical negligence team is here to help you claim for compensation. Call us on 0345 872 6666, or fill out our online enquiry form and we will be in touch at a time convenient for you.