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.
Need some help?
Am I eligible?
If you have suffered from medical negligence in the past 3 years, the short answer is yes.
However, medical negligence can be complicated, so we recommend that you speak with one of our expert solicitors - It’s Free.
How much could I claim?
As every medical case is different, the amount of compensation paid out can differ. Varying factors lead to the final figure include: the level of negligence, earnings missed out on, future losses and more.
Our experienced team of experts will give you an indication of how much you could potentially claim.
How does the process work?
We understand that when making a claim it’s important to know what to expect and when to expect it. That’s why we make the process as transparent as possible.
Your solicitor will gather all the evidence and will notify the negligent party of your claim. With your dedicated solicitor negotiating on your behalf, you will be kept up to date every step of the way.
Why should you choose us?
No Win No Fee
We offer a No Win No Fee* service on all our claims - We assess each claim on its merits with the information provided, which aids us to determine its likely success rate. This takes the risk away from you.
Expert, Friendly Solicitors
Our experienced solicitors are experts in securing compensation no matter the level of negligence.
We are committed to securing the best possible outcome for you, while providing friendly support every step of the way.
Personal Dedicated Lawyers
On contact, you will be allocated your own expert Medical Negligence solicitor who will be there every step of the way. You will be provided with a direct phone number and direct email address of your solicitor.
Expert wrongful birth claims solicitors working for you
We specialise in helping victims of medical negligence claim the compensation they deserve.
We work on a No Win No Fee basis, meaning if we don’t win your case, you don’t pay! Once you make contact, your experienced solicitor will work to recover the maximum compensation you are entitled to.
Whether you are ready to make a medical negligence claim, or you would just like a free conversation with a legal professional, we have experts on hand to give you all the information you need. Take the first step to getting what you deserve by filling in our quick contact form and we will call you back whenever suits you.