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PI Brief Update

NZ Supreme Court Rethinks Compensation for Failed Sterilisation, What can Britain Learn? - Therese Wallin

06/09/12. In a recent ruling, the Supreme Court of New Zealand has overturned a Court of Appeal judgment, and ruled that victims of failed sterilisation, due to medical negligence, are entitled to seek compensation from the Accident Compensation Corporation. This is the body responsible for implementing the Accident Compensation Act 2001. This article contrasts the legal approach taken in New Zealand with that of the England and considers potential insights to the latter.

Consequences of failed sterilisation or failed vasectomy

Occasionally, sterilisations and vasectomy prove to be unsuccessful because of natural causes. However, it can also be due to a medical failure during the procedure. Failed sterilisation, or for failed vasectomy in the case of men, can have distressing consequences for those affected, and infringe on a person's intended life path.

Legal regime in the UK

In the United Kingdom, if a woman is impregnated...

Image cc flickr.com/photos/27614859@N04/4972065593/

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All information on this site was believed to be correct by the relevant authors at the time of writing. All content is for information purposes only and is not intended as legal advice. No liability is accepted by either the publisher or the author(s) for any errors or omissions (whether negligent or not) that it may contain. 

The opinions expressed in the articles are the authors' own, not those of Law Brief Publishing Ltd, and are not necessarily commensurate with general legal or medico-legal expert consensus of opinion and/or literature. Any medical content is not exhaustive but at a level for the non-medical reader to understand. 

Professional advice should always be obtained before applying any information to particular circumstances.

Excerpts from judgments and statutes are Crown copyright. Any Crown Copyright material is reproduced with the permission of the Controller of OPSI and the Queen’s Printer for Scotland under the Open Government Licence.