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Failure of sterilisation using fallopian clip

£5,000 following pregnancy and termination due to failure of earlier sterilisation procedure

F V R (1996)

F underwent termination of pregnancy and sterilisation by placement of clips on her fallopian tubes. Subsequently F became pregnant and underwent termination of pregnancy and re sterilisation.

During the repeat procedure it was noted that the original clip was not properly applied.

BREACH OF DUTY 

It was F's case that the clip had been negligently applied during her first sterilisation procedure

OUTCOME

Compensation was agreed at £5,000

COMMENT

Cases concerning failed sterilisation raise issues of whether compensation should be paid in respect of the additional care costs of raising the child who, but for the negligent failure to ensure sterilisation, would not have been conceived.  The current situation is that if the child suffers from a disability compensation is paid in respect of the additional costs due to the disability, although not the natural costs of raising the child.