Spain's Supreme Court awards €35,000 to woman after partner's vasectomy fails
Spain's Supreme Court granted €35,000 to a woman whose partner's vasectomy unintentionally resulted in pregnancy, recognizing her independent harm.
A Spanish Supreme Court ruling awarded €35,000 in damages to a woman who became pregnant after her partner's vasectomy failed, matching the compensation already given to the man. The procedure, carried out at a public hospital in Madrid, initially appeared successful but the vas deferens later reconnected, causing an unplanned pregnancy. Health authorities acknowledged the couple had not received adequate information about the risk of failure, breaching the right to informed consent.
While the partner's moral-damage claim had been accepted, lower courts rejected the woman's claim, citing lack of legal standing. The Supreme Court overturned that view, stating she suffered "her own, autonomous and individualised damage" because the information gap impaired her bodily autonomy. The decision creates a precedent that a patient’s stable partner may seek independent compensation, though it does not extend the partner’s right to consent. Including legal interest, the total compensation reaches €70,000.
Why it matters
The ruling clarifies that partners can claim damages for medical errors that affect their reproductive autonomy.
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