Failed sterilisation results in pregnancy

A couple agreed that they would have no more children. The husband thereafter underwent a vasectomy operation performed at the defenders’ hospital.

After the operation, the couple were advised that they should practise contraception for a period. Later the defenders informed the couple that they could dispense with contraceptive precautions as the husband’s sperm counts were by that time negative.

The wife subsequently fell pregnant and gave birth to a normal healthy child. The couple sued the defenders for having given them negligent advice.

The couple jointly sought damages for the costs of caring for, feeding, clothing and maintaining the child and the expenses incurred in the layette.

Not all damages were recompensed, however, since pregnancy was a type of "physical" damage the plaintiffs were allowed to recover for all losses that flowed directly from that pregnancy.

If you have conceived after sterilisation then it is likely that some mistake was made during the operation. Perhaps we can help you to clarify your position on this. Get in touch.