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Medical Negligence

Wrongful Birth Claims

If your child was born because of medical negligence, it is an extremely hard situation to be in.

We are here to help you.

What is a wrongful birth claim?

Wrongful birth claims are cases that are brought (normally by parents) where a child is born because of medical negligence. They usually arise from two situations:

  • A failed sterilisation/vasectomy; or
  • A failure to warn parents about the risk of a specific disability.

Failed sterilisation/vasectomy

If you have suffered from a failed sterilisation or vasectomy that has led to an unplanned pregnancy you may be able to recover damages for:

  • The pain and emotional stress of an unplanned pregnancy
  • The pain of having to undergo a further re-sterilisation procedure
  • The pain and emotional stress of deciding to terminate the pregnancy
  • Lost earnings arising from the unplanned pregnancy
  • Other financial losses arising from the pregnancy.

You cannot however recover compensation for the cost of bringing up your child unless he/she is disabled. 

A failure to warn you of the risk of a specific disability

If your child has been born with a specific disability, you may be able to bring a claim and recover compensation for the cost of bringing up your child if you can establish that you would have terminated the pregnancy had you been given appropriate advice or had the problem been identified in time.

Problems often arise because of:

  • a failure to diagnose birth defects during antenatal scans
  • a failure to advise of genetic risks and the need for specific genetic testing
  • a failure to diagnose DNA abnormalities.

Conditions that should sometimes be detected include:

  • Spina bifida
  • Heart defects
  • Downs Syndrome

If you or a member of your family have concerns about the sterilisation treatment you have received or the advice that you received about the risk of your child being disabled please contact us today.

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