Vasectomy That Didn't Work

Updated on January 11, 2011
C.B. asks from Greenback, TN
20 answers

My boyfriend had a vasectomy about 4 years ago and i got pregnant do we have a lawsuite against them?

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C.G.

answers from Denver on

Why oh why is this country lawsuit crazy? Oh yes, because most people believe they are 'entitled'.

No, you probably don't. The doctor will probably say that 1 in every 100 (or whatever number) surgeries are not successful. They can also probably prove that b/f didn't follow after surgery care. You have no leg to stand on.

Enjoy your blessing and move on.

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M.C.

answers from Minneapolis on

Lawesuit because you got pregnant? Wow! abstinence is the only sure fire way to not become pregnant, and I am pretty sure this is a very, VERY well know fact. I am pretty sure like when my hubby got his and you signed the paperwork you were signing that this is not 100% cure. And might I ask why and what you will get out of the lawsuite. They are not going to pay you for what it costs to raise a child. If you don't want the child with the boyfriend then sex shouldn't have happened.
I know that you are probably sad, and frustraited but to be the child of a mother who filed a lawsuite against someone because she got pregnant. The though makes me sad.

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J.L.

answers from Minneapolis on

?

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S.W.

answers from Minneapolis on

No, you don't have a suit against them. Vasectomies are over 99% effective, but not 100%. The other question I'd have to ask is: are you absolutely sure he had the vasectomy? Were you together during that time? If he had it, did he do the follow-up exam(s)? Sorry, but at >99% effective, I'd have questions.

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M.R.

answers from Chicago on

Nope.

If the condom broke, could you sue the condom company?

If your birth control pills didn't prevent the pregnancy, could you sue the pharmaceutical company?

While a vasectomy has exceptionally high rates of success, it like all other birth control methods are not 100% effective.

The only 100% effective method of contraception is abstinence :)

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M.3.

answers from St. Louis on

Nope, my doctor told me NOTHING is guaranteed to be 100%. Im sure your bf was told that as well.

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C.A.

answers from Atlanta on

Okay If I remember correctly when I checked Vasectomy's are only 94% whereas a tubal ligation is 97%. Did you see that it's a couple of points below 100%? So yes there is a small percentage there that it "could" happen. No you can't sue them either because you volunteered for the procedure just as with anything else. What happens after the fact isn't their fault combined with if someone could sue for that then all of these women who have gotten pregnant while on Birth Control or when the condom broke could be making a killing!

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M.T.

answers from Abilene on

Exactly how many months after the vasectomy did you get pregnant?
Did he go back for the required two checkups to make sure he was sterile?
Did he sign the waiver that protects doctors against such lawsuits(the doctors won't operate unless he did, but staff make mistakes).

You might sue and try to get a settlement from the insurance company but know that they play hard ball and will totally investigate your life, including any insurance claims or lawsuits you attempted in the past.

My SIL and BIL ended up in huge legal trouble as a result of many truths coming out this way.They lost custody of their kids, the lost another lawsuit(the jury thought they were repeat scammers), and they had to pay money back to avoid prosecution and being sued.

Now if they ever have a legitimate lawsuit, they have about no chance of winning.

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E.A.

answers from Erie on

No, chances are he signed a waiver about that when he had the procedure done. I know I signed one when I had my tubal--can't sue if it doesn't take--can't sue if it's not reversible.

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J.L.

answers from Chicago on

ooops...but I concur with the other posts. You don't have a case as "permanent" sterilzation is not a 100% guarantee...not only that but when he signed to authorize the procedure, I have not doub that there was a disclaimer. Let's face it if we are sexually active with no fertility troubles we always take the risk of an unplanned pregnancy. Congrats :)

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J.B.

answers from Atlanta on

No -my husband had a vasectomy last summer and you sign a waiver when you have one stating that you know what you're doing, that's it's permanent, BUT/AND there's a slight chance 1-2% of it not working. Did your boyfriend take a specimen into them at 6 weeks and 12 weeks to be checked? My OB told me that she saw so many "accidentally pregnant" women because their significant others never did the follow up. Even if he did, you still have that small percentage where, for whatever reason, it doesn't take. The only 100% effective birth control that you can completely count on to never, ever get pregnant is either complete abstinence or you having a hysterectomy. Other than that -there's always a tiny chance.

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E.M.

answers from Louisville on

no they arent guaranteed nice try

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C.J.

answers from Memphis on

no because they let you know that it is not 100% effective.

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K.H.

answers from Huntington on

If it was anything like having my tube's tied, they remind you and make you sign, like, 100 times that NOTHING IS FOOL PROOF!!!

I'd save your money for the child.

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R.U.

answers from Nashville on

i think that is a lot of the problem i the us . every one wants to sue. take it as a real BLESSING. this baby was meant to be. R.

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J.S.

answers from Minneapolis on

My BF's husband had one that didn't take either. It happens.

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W.M.

answers from Nashville on

I doubt it, I am sure he signed some kind of waiver saying that it could happen. My husband told me that it may or may not work when he got his so apparently someone told him that. They do say to come back annually and have it checked just in case it didn't take. Sorry you are pregnant without being ready but better to happen than not to happen when you really want it to. I hope this is the guy you want to marry. ;o)

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S.D.

answers from Dothan on

No you do not. If he did not go in to get retested to make sure the procedure worked then its his fault 100%. Its still not a viable lawsuit since it is clearly stated that the tissue can regrow thus reconnecting the tubes (same goes with tube tying) You have no case sorry ;) You still need to use some protection even with a vasectomy. Nothing is 100%

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M.M.

answers from Wheeling on

I think a vasectomy works somewhat like women getting their tubes tied. Sometimes your own body just makes things grow back together. Does not mean that the dr did not do his job 4 years ago. God must have thought you needed a child.

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L.L.

answers from Topeka on

It's not a gurantee just like if you were to have your tubes tied.There are women who become pregnant while on BC any form it's not 100% of course abstinence & hysterectomy will be 100%...
There is no lawsuite unless the procedure wasn't performed,he can go see if it was (how they do that don't know) Also he signed papers to have this procedure along with the risks,complications,& the failure percentage

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