Wrongful births can be tough for parents to come to grips with. With wrongful birth claims, the matter of the claim is not on the birth itself but normally arises from questions as to whether the child would have been born without negligence, or in simple term the cause of the mother falling pregnant was due to negligence from a medical behaviour.
You may be able to claim if you feel negligent behaviour lead to you becoming pregnant or you were not warned about a disability the baby may suffering, which had you been may have resulted in the termination of the pregnancy.
Our team of medical negligence lawyers are here to answer your questions and if you have a claim they would be happy to fight your case for you.
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Wrongful Birth Claims
Wrongful birth claims are generally made by parents that feel the birth of their child is a result of medical negligence and that should the treatment or service they received of been to the accepted standards the child would not have been born.
These are very often broken into 2 categories:
- Failed sterilisation/vasectomy
- Failure to diagnose or warn parents of specific disability or condition
As you may have chosen to have vasectomy or sterilisation you expect that you are unable to have children. However, if the procedure has failed it may lead to an unplanned pregnancy and you would be able to claim that the child would not have been born without negligent behaviour or treatment.
Failure to warn about disabilities or diseases
In these cases, the parents may choose to make a claim if their child is born with a disability or disease which they were not told about and if they had been, would have terminated the pregnancy.
Examples of birth defects that people claim for:
The different birth defects a baby can have include:
- spina bifida
- Club feet
- Hole in the heart
- Down’s syndrome
If you think you may have a medical negligence claim involving wrongful birth, contact us today. Any claim will be brought by the mother and a three year time limit applies. This is three years from the negligence or date of knowledge.
No Win No Fee
Youngs Law offer no win, no fee for all of our medical negligence claims, so if you don’t win your case and receive compensation, you don’t pay us a penny. We will also wait for any fee to be paid to us when you receive you compensation and not upon winning you case.
If you think you may have a medical negligence claim involving genetics, contact us today.