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Court orders doctor to provide financial support to patient's baby after failed vasectomy

By Melanie Uson Published May 21, 2023 12:29 pm

A doctor has been ordered to provide financial assistance to the baby of his patient, who became a father after a failed vasectomy procedure.

According to a local media outlet, the doctor—who said the male vasectomy turned out "successful"—did not inform the patient about the need to use contraceptives for subsequent sexual intercourse.

Health information website Mayo Clinic refers to vasectomy as “a form of male birth control that cuts the supply of sperm to your semen.” While it cuts and seals the tubes that carry sperm, patients are required to avoid any sexual activity "until their doctor confirms that sperm are no longer present in their semen.”

Court documents highlighted the emotional and economic distress that the unplanned pregnancy brought to the family, especially since the father has been found to be “unfit to work” due to health concerns. 

“When it was proven that the parents did not want to procreate more children, it was concluded that there was an impact on their life projects that had repercussions in the immaterial field, especially considering the precarious economic situation of the father, who currently cannot work due to their health problems,” a ruling by Judge Diego Naranjo read.  

Reports state that the baby’s father named Alcides de Jesus Gallego Toro suffers from severe bilateral hearing loss, which made him "unfit to work" on top of frequent dizziness and vomiting.

Toro opted for a vasectomy as he and his partner could not afford to have a child. Since his health condition also prevented him from finding stable employment, the judge ruled that the doctor must be held responsible for his actions and should provide financial support to their baby until they reach the age of 18. He must pay the family based on their current minimum wages for moral damages accumulating to $20,000 (over P1 million) as well as $65,000 (over P3 million) for legal fees and child support.