What to do about a Failed Sterilisation

Is it possible to claim failed sterilisation compensation after I have conceived following a botched medical procedure?

Making a claim for failed sterilisation compensation is possible in the UK, provided that the treatment has failed due to medical negligence. Women who choose to be sterilised to prevent them from having children do so for a number of reasons, which can simply be to avoid having more children or to preventing conceiving due to medical problems which make pregnancy a serious health risk.

When a woman undergoes a sterilisation procedure, it is an invasive operation which requires the surgical application of Filshie clips to the fallopian tubes to prevent the release of eggs.  Having to endure the trauma, stress and discomfort of an operation only to then fall pregnant can be the cause of considerable distress, in addition to having to either choose to have an abortion or to proceed with what could be a particularly risky pregnancy.

Compensation for failed sterilisation claims can be made when hospital negligence has caused the procedure to fail. It will be necessary to prove ‘on the balance of probabilities’ that the procedure has been performed incorrectly, which has caused the treatment to be ineffective.  It is usually the case that the sooner after the operation that the woman conceives, the more likely it is that the procedure involved medical negligence.

As with any claim for compensation following alleged medical negligence, failed sterilisation compensation claims should not be attempted without first seeking legal advice from a personal injury compensation solicitor. A claim for failed sterilisation compensation can be highly complicated and difficult to win in certain cases, and it is important that the case is properly assessed before any legal claim is made.

We strongly advise you to speak with a medical negligence compensation solicitor for advice on your specific case, and to receive a thorough assessment of the strength of your claim. There have been a number of cases in recent years which have positively affected the chances of making a successful failed sterilisation compensation claim, making it all the more important to speak with an experienced medical negligence solicitor for advice before making the decision to proceed with a failed sterilisation compensation claim.