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  1. #1
    Join Date
    Aug 2006
    Posts
    1

    Default Vasectomy Failure

    I had a vasectomy almost three years ago. my wife recently found out she is pregnant. I returned to the doctors office and test results showed sperm present. the doctor claims there is a leak in the tubes and offered to fix the problem the same day at no charge. I declined. does anyone know what our legal options are?

  2. #2
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Vasectomy Failure

    Quote Quoting cap123
    View Post
    I had a vasectomy almost three years ago. my wife recently found out she is pregnant. I returned to the doctors office and test results showed sperm present. the doctor claims there is a leak in the tubes and offered to fix the problem the same day at no charge. I declined. does anyone know what our legal options are?
    First, find out when the kid is born if it is yours.

    Second, re-read the consent form you signed. It says that the procedure MAY cause sterilization. There were no guarantees.


    I don't think there is such a thing as a "wrongful life" lawsuit.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Vasectomy Failure

    There have been "wrongful life" lawsuits in a number of states, often revolving around a child with a genetic or congenital abnormality. Many states, probably most, have abolished "wrongful life" actions either by judicial decision or legislation.

    As the poster didn't share his state, I can't really say more than that.

  4. #4
    Join Date
    Jul 2006
    Location
    Ohio
    Posts
    1,094

    Default Re: Vasectomy Failure

    Cap123,

    The most common reason for dissatisfaction for vasectomy is failure to render sterility. Since 1984 it has been difficult to prove a case of a surgeon’s negligence. When you reread the agreement you signed see if it says vasectomy may not be effective for several months; that only a sperm count can determine sterility; late recanalisation may occur (it happens in 3% of vasectomies).

    Most surgeons don’t have money back guarantees. The one who performed yours does and is a rare find.

    Senior,
    I don't think there is such a thing as a "wrongful life" lawsuit.
    Great answer.

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