A wrongful birth claim arises out of an unplanned pregnancy. This can typically be as a result of a failed sterilisation or vasectomy procedure, or a failure to diagnose a specific disability the unborn child has.
Failure to warn about specific disabilities
Finding out your baby has a birth defect can leave you with a difficult choice as a parent. However, whatever happens you should have the ability to make the informed decision as to whether to proceed with the pregnancy.
If you were not warned that the child had a specific disability due to a failed diagnosis or a misdiagnosis during pregnancy, you lose that ability to make an informed decision. This situation arises where parents have not been warned that a child will be born with a specific disability and, if they had been warned, would have terminated the pregnancy.
Birth defects a baby can have include:
Hole in the heart
You have a wrongful birth claim if you underwent a vasectomy or sterilisation procedure and it failed, resulting in an unplanned pregnancy. Your legal claim is for the birth of a child that would not have been conceived.
Making a Wrongful Birth Compensation Claim
If your healthcare professional failed to diagnose a birth defect that should have been easy to identify, leading to further complications (possibly due to faulty medical equipment such as a scanning machine or lack of medical staff training) you may be liable to make a medical negligence compensation claim.
In these types of sensitive situations, our expert medical negligence solicitors will handle your case with care, proactively seeking damages for the costs associated with the welfare and healthcare of the child, as well as any further support needed.
Frequently asked questions
How will you assess my losses?
We understand how challenging this situation can be and, in these situations, compensation can help to care for your child. This may include a care package for life. It is important that your child has access to the best medical treatment. The compensation can provide financial security for your child’s future and potentially compensate for your loss of earnings. We are here to listen and help you get the best for your child.