Contraception Medical Negligence - Solicitors Compensation Claim

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Contraception is a broad term for medications and devices that help prevent pregnancy. Contraceptive devices and medications can be as simple as a condom or as complex as an intrauterine device or surgical contraception by means of a tubal ligation or vasectomy. All forms of contraception carry some risk and each has a definable failure rate. In certain circumstances it is possible to take solicitors legal action for medical negligence and to claim compensation for personal injury and loss against a healthcare practitioner in the event of failure of contraception if that failure is due to error. The most common solicitors legal actions for failure of contraception include compensation claims for :-

  • oral contraception side effects
  • unwanted pregnancy
  • perforation of body tissue by intra-uterine devices
  • injectable hormone contraceptive complications

Medical Negligence Solicitors

Our gynaecology negligence solicitors deal with personal injury compensation claims for failure of contraception arising due to medical negligence by a healthcare practitioner. Our solicitors deal with claims using the no win no fee scheme. For advice at no cost and with no further obligation on contraceptive failure medical negligence compensation claims just email our lawyers offices or complete the contact form or call our solicitors helpline.

Hormonal Methods of Contraception

These involve the use of pills or injections or intra-vaginal devices that contain oestrogen-like compounds, progesterone-type compounds or a combination of both. The different choices of contraception are as follows.

The injectable progesterone contraceptive is called Depo-Provera and it works by preventing implantation of any embryo and prevents egg production. It is safe for those who have diabetes or who have high blood pressure and it is injected every three months. The progesterone implant is implanted beneath the skin and lasts a total of five years. The disadvantages of this form of birth control include weight gain, irregular cycles or intermittent bleeding and nausea. It can take up to two years for fertility to return after this form of birth control is stopped. The effectiveness of the injection is about 99.7 percent and effectiveness of the implant is about 99.9 percent.

The combination birth control is perhaps the most popular form of birth control, especially in young people. It contains oestrogen and a progesterone that together prevent the formation of an egg. Ovulation is blocked and the period a woman has every month with the pill is basically a withdrawal bleed and not a real period. The advantages of the combined pill are that it is preventative against uterine cancer or ovarian cancer. Osteoporosis is prevented as well. PMS is reduced and periods are more regulated with the pill. It doesn’t have any long term side effects and can be started as soon as 6 weeks following the birth of an infant. The disadvantages are that it can cause life-threatening thrombosis (blood clots), headaches, water retention, weight gain, nausea and depression. It is not recommended if you are a smoker over 35 year of age because the thrombosis side effect is augmented. The effectiveness is up to 97 percent.

The “mini pill” is a progesterone-only pill that thickens the cervical mucus so that sperm cannot pass through. It is a good pill for those who are already overweight, are a smoker, have high blood pressure, are over age 40 or are breastfeeding an infant. It is ultimately very necessary to take it the same time every day because it might fail if you don’t. It can be used in breastfeeding with only a small risk to the infant. It carries an effectiveness of about 95 percent when taken properly.

The NuvaRing device is inserted into the vagina for three weeks and then is removed. It contains oestrogen and progesterone that act on the ovaries, preventing the release of an egg. It is inserted into the vagina much like a diaphragm and remains there the entire three weeks. The NuvaRing has all the risks of a combination birth control pill and has an effectiveness of up to 97 percent. The ring is thrown away after three weeks and a new ring is inserted in its place after the woman has had a menstrual period or withdrawal bleed.

Barrier Methods of Contraception

The condom is the most common form of barrier method. It prevents pregnancy as well as many sexually-transmitted diseases. It is easy to use and easy to get a hold of and many contain a spermicide that kills sperm. The disadvantages are that it must be put on during the sex process and has the potential to fall off or break. It can dull male sensation during sex. It has an effectiveness rate of about 86 percent.

The IUD or intrauterine device is inserted into the female uterus by a trained doctor. There are intrauterine devices of many sizes and shapes and it depends on what your doctor has available. Most current intrauterine devices are T shaped and prevents implantation of a fertilized egg. The advantages are that it can be used during breastfeeding and hormones are unaffected. It works immediately after being placed. The disadvantages are that it can embed itself into the uterus and rupture the uterus; it can cause heavy menstrual periods and prolonged menstrual cramping during periods. There is an increased risk of having pelvic inflammatory disease, especially if you have many sexual partners. Doctors check the IUD every year to make sure it is in place and functioning properly. The effectiveness is 98 percent.

The diaphragm or cervical cap is made from a rubber-like compound. It fits over the cervix and must be fitted to the right size. It is inserted folded into the vagina and expanded, with its anterior rim snugly fit by the pubic bone. Some people use a spermicidal jelly along with the diaphragm to improve its effectiveness. A woman can insert the diaphragm up to six hours before engaging in intercourse; however, it must be removed within thirty hours after intercourse has occurred or it will lose some of its effectiveness. Once inserted, it cannot be felt by either the man or the woman. Each time you use a diaphragm, you must look carefully for the presence of holes so that sperm can’t pass through the diaphragm and result in pregnancy. The major advantage is that it can be used during breastfeeding and doesn’t have to interfere with the act of sex. In some cases, it can prevent sexually transmitted diseases. Upon insertion, the bladder must be empty during the process and if you have a bladder infection, the diaphragm can be irritating. It is 80 percent effective if you use a diaphragm and 60 percent effective if you use a cervical cap.

Natural Methods of Contraception

Some people use what’s called the “rhythm method” to determine when it is safe to have sex and when one could get pregnant by having sex. It is also called “fertility awareness”. It depends on knowing the best and worst times to get pregnant and abstaining from sex during the times when pregnancy could occur. There are no side effects of this method but, with restrictions on sex, there can be tension between the partners. The success rate depends on how well you follow the rules and how regular your menstrual cycles are.

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