Supreme Court recognises pregnant woman’s right to compensation following partner’s failed vasectomy

The patient underwent a vasectomy at a public healthcare facility in Madrid. However, following the procedure, spontaneous recanalisation of the vas deferens occurred, resulting in “the failure of the sterilisation procedure” and leading to an unplanned pregnancy.

At the initial stages of the legal proceedings, both the public authorities and the high court of justice of Madrid acknowledged that there had been a failure to provide adequate medical information and awarded the patient 35,000 euros in compensation for the non-pecuniary damage resulting from the infringement of his right to informed consent.

However, they rejected his wife’s claim on the grounds that she lacked legal standing to bring proceedings.

The Supreme Court has now overturned that restriction, ruling in the woman's favour and establishing clear legal precedent across Spain.

While judges acknowledged that the right to informed consent belongs exclusively to the patient as a personal right linked to physical integrity, the court distinguished between ownership of the right and the broader consequences arising from its breach.

"The lack of information regarding the risk of recanalisation prevented both of them from making fully informed decisions regarding family planning and the use of other contraceptive methods," the Supreme Court declared.

Judges added that the woman suffered "her own, independent and individualised harm, consisting of the frustration of her capacity for reproductive self-determination and family planning."

The landmark ruling establishes as case law that when relevant information regarding vasectomy failure risks is withheld, the patient’s long-term partner has an independent right to claim financial compensation for damages personally suffered.