What is wrongful birth, can I claim compensation in 2021? - Diane Rostron

What is a wrongful birth, and can I claim compensation in 2021?

‘Wrongful birth’ is a legal term for compensation claims that result due to the birth of a child either in circumstances where a vasectomy or sterilisation has failed, or when medical professionals have neglected to detect a serious physical or cognitive disability which may have led to a termination had the parents been fully informed.

Despite the ongoing health pandemic, compensation claims against the NHS Trust believed to be responsible for negligence can still be pursued.

Both mother and baby should be carefully monitored throughout a pregnancy and detectable significant disabilities should be picked up at the earliest opportunity.

Where the appropriate medical care is provided, the implications of whether or not to continue to full term can be discussed with medical professionals.

These conditions include serious genetic or congenital diseases such as:

  • Down Syndrome
  • Cystic Fibrosis
  • Arthritis
  • Sickle Cell Disease
  • Heart Disease
  • Turner Syndrome
  • Brain Malformation
  • Cerebral Palsy
  • Spina Bifida
  • Hole in the Heart

A wrongful birth claim following neglect to detect and inform parents of a serious disability relies on proven circumstances where the mother was not advised of the disability during pregnancy and was therefore denied the choice or opportunity to make a fully informed decision as to whether or not to continue with the pregnancy.

These types of claims take into consideration the substantial care costs and needs of the child due to their severe disabilities. Compensation, however, does not include the ordinary costs of raising a child.

If your child has a significant disability which you believe could and should have been detected during pregnancy, you may be able to make a wrongful birth claim for compensation.

We continue to work hard to deliver justice for our clients throughout the pandemic. To hear more from other families who have instructed our team to pursue their medical negligence claim, click here.

Our team of wrongful birth experts have extensive experience in these types of compensation claims offering a free initial consultation. To speak to a member of our team contact us here.

Contact Diane Rostron

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If you suspect that your child suffered a preventable brain injury at birth, we can help. You can contact our team of medical and legal brain injury experts for a free initial consultation by calling 01253 766 559 or completing the form below.