Expertise in Wrongful Birth Claims

Wrongful Birth Claims

Not every pregnancy is cause for celebration. There are occasions where women have taken what they feel are sufficient steps to avoid falling pregnant only to find themselves expecting a baby as the result of medical negligence. The number of claims brought against the NHS for wrongful birth is tiny when considering the many millions of procedures it carries out every year (averaging 16 applications a year in the last decade) but each claim represents a life turned upside down forever.

What is Wrongful Birth Negligence?

A wrongful birth is life altering. It can be caused either by failed sterilisation or contraception, or failure to inform parents about a disability which would have led them to terminate the pregnancy had they known of it.

Not all vasectomy and sterilisation failures are caused by negligence. There is a risk of natural failure associated with every procedure, and this is something patients should know about before they decide to proceed with it as their chosen form of contraception. The same goes for contraceptive devices like the implant or coil, both of which carry a risk of failure. For a wrongful birth claim to be justified, the claimant and their lawyer must demonstrate beyond reasonable doubt that their contraception failure was due to an avoidable error and not from natural causes.

An example of wrongful birth due to contraception failure was a woman who fell pregnant after having a contraceptive implant inserted in her arm. When removed, it was found that the implant used was a dummy sample sent to the GP for training purposes. The woman continued with her pregnancy and was subsequently awarded damages for the financial and emotional cost of her unwanted pregnancy and labour.

The other area of wrongful birth negligence relates to antenatal screening which fails to detect or inform parents about a foetus’ genetic abnormality or disability that would lead parents to terminate the pregnancy if they were aware of it, such as Edwards’ Syndrome or spina bifida. While compensation for wrongful birth due to failed sterilisation does not cover the cost of raising a child, compensation for wrongful birth due to a parent not being advised about a specific disability can also include payment to cover the costs associated with raising a child with additional needs.

How Can We Help?

The team at The Medical Negligence Experts are experienced in successfully claiming compensation for all types of medical negligence, including wrongful births. We treat all our clients as individuals because we understand that the circumstances surrounding every application are unique, and every client has different needs. For some, the process is more about recognition for what they have been through, while others need financial compensation to pay for ongoing medical treatment to help their recovery.

The first step is assessing your claim to see whether it is valid – that is, whether your care was negligent and whether your illness or injury occurred as the result. If so, we will build a strong case to prove your mistreatment, and request the other party to acknowledge their responsibility and compensate you accordingly.

Contact The Medical Negligence Experts today and ask how they can help you.