Couple sue doctor over two failed vasectomies

A Northland couple are suing a doctor for two allegedly failed vasectomies, partly because the woman was not entitled to state accident compensation.

The wife had a third child in 2003 after the first of her husband's sterilisation operations. They decided to abort the pregnancy that occurred following the second vasectomy. The woman became depressed after this and had to take medication.

They are seeking $400,000 from the Auckland doctor for psychological damage to the woman, the costs and economic losses from rearing a child, and exemplary damages.

Their lawyer, Antonia Fisher, has filed their case in the High Court at Auckland.

Part of their claim is because the woman is ineligible for ACC coverage because she did not suffer a personal injury by accident.

ACC spokesman Angus Barclay confirmed last night that becoming pregnant, even in such circumstances, was not covered.

Masterton couple Scott and Melissa Bensemann lost their High Court bid for compensation from a Masterton Hospital surgeon after a failed vasectomy. The hospital paid the couple a $20,000 settlement.

The Herald's attempts to contact the Auckland doctor yesterday were fruitless.

The Northland couple's complaints have also led to the doctor being charged with professional misconduct by the Health and Disability Commissioner's director of proceedings. The case is provisionally scheduled to go before the Health Practitioners Disciplinary Tribunal in May.

The Medical Council is reviewing the doctor's practice.

The Sunday Star-Times reported that in court documents the doctor said he told the husband after the first vasectomy he needed further tests until he had a zero sperm count. After the second, he emphasised that he had not yet obtained this result.

But the couple claimed the doctor failed adequately to explain to the husband the risks of the first operation and his lack of experience in the particular technique he used, so failed to obtain informed consent. The doctor said he had done vasectomies for 21 years.

Auckland urologist Dr Derek Rothwell told the Herald that the failure rate of vasectomies should be only 0.001 per cent.

A first post-operative sperm check was made after six weeks and a second at the three-month point.

"You need two clear sperm tests before you can say that he is infertile," Dr Rothwell said.

Ninety-nine per cent would be infertile by three months, but the occasional man "has big storage tanks", needing six to 12 months.

A potential mistake was to cut a structure other than the sperm-carrying vas deferens tube, a vein for example. But to guard against this risk, a sample of the tissue that was cut should be sent for laboratory confirmation.