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Injuries to Mothers

Injuries to Mothers

Wrongful Birth/Life - Claims

Sometimes parents face decisions that they never thought they would have to make in relation to their unborn child, but what if you were never given the choice about the potential quality of life your child could expect?

What is a wrongful birth?

Wrongful birth is a term that is used to describe a claim that can be brought by you, as parents of a child, who is born with abnormalities on the basis that had you been warned of the severity of the abnormalities that the child would suffer you may have chosen to terminate the pregnancy .

What is a birth defect?

A birth defect is an abnormality that happens whilst the baby is still developing in the mother’s womb. Today, many children with birth defects can lead a normal, healthy life as some conditions can now be treated either before or after birth and after all as long you know what to expect you can be prepared for the future.

Some children however, can suffer a complex range of problems which may leave them dependent on others for all aspects of daily living and require round-the-clock care for life. They may also have a limited life expectancy.

What is negligence?

At various stages during pregnancy a number of screening tests are offered such as blood tests and ultrasound scans to assess both your health and that of your unborn baby and to identify any abnormalities.

It may be the case that there is a failure by the medical team for example:

  • Failing to carry out appropriate tests and investigations
  • Failing to recognise the nature and extent of the abnormalities or defect
  • Incorrectly advising that the test results were normal
  • Failing to advise that the child will likely be disabled which would allow you to make an informed decision on the future of your pregnancy

When can you claim?

It is possible to bring a claim for the wrongful birth of a healthy child following a negligently performed sterilisation or contraceptive implant. This would be limited to any pain, emotional distress or financial loss suffered as a result of an unwanted pregnancy or termination. However, you will not be able to recover the cost of bringing up a child unless that child is disabled.

Why a solicitor can help you and your child

We understand that dealing with a wrongful birth can be controversial and difficult. That caring for a severely disabled child is stressful and demanding. When faced with very challenging behaviour that will require significant levels of care and that this coupled with the enormous cost of bringing up a severely disabled child can have a severe strain on the financial, psychological and physical health of the whole family.

Our specialist medical negligence team are recognised experts in conducting birth trauma claims. With the involvement of specialists such as care and occupational therapists, physiotherapists, speech and language therapists, educational and psychological experts, and accommodation experts, we will help you to secure a financial settlement that will provide both financial security and a care package ensuring that your child’s life-long care needs will be met.

Get In Touch or Call us on 0800 195 8467