Wrongful birth claims may arise where there has been a failure to recognise an abnormality prior to a baby being born.
Many serious conditions or syndromes may be picked up at an early stage in pregnancy enabling families to make an informed choice about considering whether to terminate the pregnancy. For many serious conditions, the majority of people in England and Wales will make the difficult decision to opt for an abortion.
No Win No Fee Medical Negligence Claims
We offer a free consultation with one of our friendly solicitors to get the ball rolling. After you’ve told us what happened, we’ll provide you with expert legal advice at no cost to you.
The conditions that may be picked up through ante-natal monitoring include:
- Spina bifida
- Down’s syndrome
- Edwards’ syndrome
- Patau’s syndrome
- Serious heart abnormalities
- Gastroschisis
- Severe skeletal dysplasia
- Exomphalos
Claims may arise through a failure to correctly interpret scans, refer to a fetal medicine expert or carry out additional tests or investigations. Children will often have very significant care and accommodation needs which can be recovered as part of the claim. Claims must be advanced on the basis that the parents would have probably terminated the pregnancy had they known of the abnormality.
Wrongful birth claims may also arise through a failed sterilisation or vasectomy procedure.
Case Study: Complex Wrongful Birth Claim
Taylor Emmet have recently obtained a £2.95 million settlement for a client in a complex wrongful birth claim. Our client gave birth to a child with spina bifida which, it was alleged, failed to be picked up by two defendants. Our client underwent scans on the NHS and also paid for scans privately. However, both defendants failed to refer to a fetal medicine expert.
What can I claim?
The value of your claim will depend on a number of factors including:
- The nature of the injury or illness
- Whether your child (or you) recover fully from the injury or illness or if it has a long term effect on their health and wellbeing
- The amount of any losses you incur as a result of the injury
You can claim compensation for the following things if they are a result of your injury:
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Pain, suffering and loss of amenity
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Loss of earnings
- Medical and nursing care costs
- Special equipment needed to carry out daily activities and any costs involved in adapting your home
- Other expenses incurred as a result of your injury, for example, travel expenses incurred whilst receiving medical treatment.
