Negligent surgery causing infertility: urology surgery
Urological surgery is vital in treating conditions of the male urinary and reproductive systems. While many procedures aim to preserve or improve fertility, surgical errors can cause irreversible damage that can lead to infertility.
This article is the second in our fertility series – our first article can be found here.
Understanding the link between urology and fertility
The male reproductive system – including the testes, vas deferens (sperm duct), epididymis and the prostate – is often involved in urological procedures. Surgeries such as orchidopexy (treatment of undescended testicles), varicocelectomy (the sealing/removal of enlarged veins in the scrotum) and procedures to address ejaculatory issues can enhance fertility if performed correctly. However, when mistakes happen, this can impair sperm production, block sperm transport or damage reproductive tissues resulting in infertility.
Common causes of fertility issues include:
- Surgical errors: Damage to the vas deferens, testicular arteries or epididymis during surgical procedures like hernia repair can obstruct sperm flow or reduce testicular function.
- Inadequate informed consent: Failure to inform patients of the fertility risks associated with surgical procedures like prostate surgery or testicular cancer treatment can lead to unexpected infertility.
- Post-operative complications: Infections, hematomas or scarring from poor surgical technique or follow-up can impair reproductive function.
- Timing of surgery: Sometimes the timing of surgery can adversely affect fertility. For example, performing an orchidopexy (the surgical treatment for undescended testicles) when a baby/child is too young.
Emily Hartland comments: “We have represented several individuals who have had fertility issues due to medical negligence. I am currently acting for a child who underwent orchidopexy at just 3.5 months old. Our urology expert believes the surgical techniques used were negligent and the child will be infertile as a result.
“Accepted practice is to delay orchidopexy until at least six months of age and it is standard procedure to check for twisting of the testicular cord during surgery. Failure to check the cord can compromise blood supply, leading to ischaemia and loss of function. In such cases, the affected testicle may shrink and a testicular prosthesis may be considered to support psychological wellbeing.”
What can you claim compensation for?
The aim of medical negligence compensation is to place the individual, as far as possible, in the position they would have been in had the negligent care not occurred. This includes compensation for:
General damages – compensation for the physical and mental injury suffered, which is often referred to as compensation for pain, suffering and loss of amenity.
Special damages – any past or future financial losses directly resulting from the negligent treatment such as:
- The costs associated with fertility treatment such as IVF.
- The costs associated with other medical procedures such as the insertion of a testicle prosthesis or counselling.
- Lost earnings.
- Additional travel expenses such as attending fertility future appointments.
- Any care that may be required from family or friends following any further surgical procedures/stays in hospital.
- Lost earnings if you were unable to work and were not paid for this time off.
Although no financial award can truly compensate for the emotional impact of losing the ability to naturally conceive, a successful medical negligence claim can help provide access to fertility treatment and any other necessary medical support that may be required.
If you think your fertility may have been adversely affected as a result of medical negligence, please contact Emily, or another member of our specialist surgical error team.