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NSW Pregnancy After Partner's Vasectomy - Legal Recourse for Personal Injury?

Discussion in 'Personal Injury Law Forum' started by Melaxe, 11 February 2016.

  1. Melaxe

    Melaxe Member

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    Hi, I'm wondering if there is any legal recourse under Personal Injury law regarding the doctor that performed my partner's vasectomy if I'm pregnant to him?
     
  2. Rod

    Rod Well-Known Member

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    Only if your partner is the father and he followed all instructions and the doctor was grossly negligent. Proving it may be hard.

    Not sure if a number of 'dry runs' are needed to clean out the tubes before your partner would be considered safe. Not sure if they do an 'after' test to ensure operation worked as intended. A few things here to think about and research.

    It is typically hard to prove gross negligence. Keep in mind the courts tend to ascribe some risk to medical procedures and tend to be lenient on doctors. Not sure whether the court considers abortion a viable option. Someone else with more knowledge needs to comment on this.
     
  3. Melaxe

    Melaxe Member

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    Hi, yes, he got tested and it was successful but now 3 years on, it's failed.
     
  4. AllForHer

    AllForHer Well-Known Member

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    I'm fairly certain doctor's don't offer a 100% pregnancy-free guarantee for vasectomies, there's always a risk. Provided the doctor followed the correct procedure and was in no way negligent, it's unlikely you would be awarded damages in these circumstances.
     

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