A wrongful birth claim arises out of an unplanned pregnancy, typically as a result of a failed sterilisation or vasectomy procedure, or a failure to diagnose a specific disability in the unborn child, removing the opportunity for the mother to decide to terminate that pregnancy.
All wrongful birth claims are incredibly traumatic for the mother and family, which trauma, and life-long commitment to raising a child, could have been avoided had the medical professional acted in accordance with their duty of care.
A wrongful birth can result in the following repercussions to the baby:
- Down syndrome
- Spina bifida
- Hole in the heart
- Sickle cell
- Hemophilia
What are the types of wrongful birth negligence?
There are a variety of reasons why a baby might be born in circumstances in which, with appropriate care, the mother would have chosen not to go ahead with the pregnancy.
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, you should have the opportunity to make the informed decision as to whether to proceed with the pregnancy.
If you are not warned that the baby is likely to have difficulties, due to a failure to diagnose a particular disability, a misdiagnosis or a failure to provide adequate ante-natal scanning during pregnancy, you lose the ability to make an informed decision.
A wrongful birth claim arises where parents have not been warned that a child will probably be born with a specific birth defect or abnormality and, if they had been warned, they would have chosen to terminate the pregnancy.
Failed sterilisation/vasectomy
You have a wrongful conception claim if you underwent a vasectomy or sterilisation procedure and it failed, resulting in an unplanned pregnancy. This is not the same as a wrongful birth claim. A wrongful conception (or wrongful pregnancy) claim will generally involve the arrival of an unplanned, but healthy, child.
Making a Wrongful Birth Compensation Claim
If your healthcare professional failed to diagnose a birth defect that should have been identified antenatally, and you are able to prove that, if you had known about it, you would have chosen not to have the baby, you may be able to make a claim for compensation for wrongful birth.
How can Medical Negligence Solutions support you?
In such difficult situations, our expert medical negligence solicitors will handle your case with sensitivity. They appreciate that claims of this type are particularly difficult for the family of the child because of the need to show that the child would not have been born at all had appropriate care been provided and because the child is likely to require significant care and support throughout his or her lifetime.
We will proactively seek compensation to ensure that the welfare and healthcare needs of the child are provided for, as well as fully exploring the ways in which that child, and his or her family, can enjoy the greatest possible quality of life.
Our caring, compassionate team offer over 30 years’ experience in dealing with these claims so you can rest assured, knowing you’re in competent hands.
If you have any questions regarding your care or treatment or think that you may have a potential medical negligence claim, contact our legal experts, who will be happy to assist.
