Wrongful Birth Claims - Diane Rostron

Wrongful Birth Claims

During a pregnancy, antenatal checks and tests serve a dual purpose: they help to make sure that the mother is healthy, and they also assess the development and wellbeing of the baby, including screening for specific health conditions. When medical staff fail to detect a serious problem during a pregnancy, parents lose the right to make an informed decision about the health and wellbeing of their family.

A wrongful birth claim can come in two different categories, one of which is when hospital staff have failed to inform parents about a serious physical or cognitive disability which could have, otherwise, caused them to seriously consider whether to continue the pregnancy.

Our specialist team of experts understand how difficult the situation can be for parents who face a radically different set of expectations for their child, and their family’s future. A child who has a significant birth defect of a genetic or structural nature can require extensive and costly care that goes beyond the care you would give to a healthy child.

We understand that your child’s complex needs dramatically affect your entire family and that their care needs will feel relentless at times. It is not uncommon for one parent to stop working in order to look after the complex needs of their child on a full-time basis in these circumstances, something that you would not have considered nor planned for if medical staff failed in their duty of care to you and your baby.

To start a wrongful birth compensation claim, or simply to find out more, please get in touch today by calling 01253 766 559 or emailing completing the contact form.

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To start a wrongful birth compensation claim, or simply to find out more, please get in touch today completing the contact form.

Which conditions should be detected during pregnancy?

Both mother and baby should be carefully monitored throughout a pregnancy and detectable significant disabilities should be picked up at the earliest opportunity and discussed in full with the parents. These conditions include serious genetic or congenital diseases such as:
  • Hole in the heart and other serious heart conditions
  • Down’s syndrome and other chromosomal abnormalities
  • Spina bifida
  • Cystic fibrosis
  • Brain malformations, many of which can cause cerebral palsy, learning difficulties, behavioural problems and epilepsy
  • Sickle Cell Disease

What is involved in a wrongful birth claim?

To proceed with a wrongful birth claim, our experts need to establish that there has been medical negligence. In wrongful birth cases, our specialists focus on the failure to detect the problem at a stage in the pregnancy when they should have and then on the failure to inform the parents in a way which they understand, depriving the parents of their right to make an informed choice about continuing with the pregnancy or seeking a therapeutic termination.

Our wrongful birth claim team will support you every step of the way and have a strong track record of securing £multi-million medical negligence settlements.

What does a wrongful birth claim cover?

Wrongful birth claims do not compensate for the ordinary costs of raising a healthy child but will include the costs involved in meeting your child’s complex needs, both now and in the future, This will consider the cost of necessary therapies, such as speech and language therapy, hydrotherapy and physiotherapy; home adaptations and specialist equipment such as wheelchairs and bathing equipment.

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What to expect through your birth injury claims process 

We will discuss your case with you, including the errors you believe were made during  your child’s birth and the effect this has had on their health, wellbeing and ability to function day-to-day. We will then provide an honest assessment of whether we think you have a claim worth further investigation and explain the claims process and fees involved.

We will bring together all the essential evidence to support your erb’s palsy claim, including medical records, witness statements and evidence from independent medical experts.

We will then contact the NHS Trust or  healthcare provider that you believe is responsible for your child’s erb’s palsy in writing. This letter will detail the alleged medical negligence and the resulting injury to your child.

The defendant has 4 months to investigate your claim and to provide a response. This will generally either involve them accepting full or partial liability and offering a financial settlement or denying responsibility. If a settlement is offered, we will advise you on whether we think it is reasonable and, if not, what further action can be taken.

If you are not satisfied with the defendant’s response and any offer of compensation, we can issue court proceedings. The defendant will have 28 days to respond, after which the court will set a date for a hearing. Typically, your hearing date will be around 18 months after proceedings are initiated.

In most cases where a claim has reached this stage, we will be able to secure a pre-trial settlement allowing you to avoid a court hearing. We have a very strong negotiating team to help ensure any settlement reached meets your child’s lifelong needs.

If your claim cannot be resolved outside a court hearing, we can offer experienced and highly skilled advocacy to secure the best possible outcome for your family.

You can hear from some of the families that we have helped here.

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Start Your Wrongful Birth Claim

If you believe that your child suffers from a severe congenital or genetic disorder that should have been spotted by medical staff during the pregnancy, we are here to help you with this challenging situation.

Get in touch here for an initial free consultation to assess your case and understand how we can work with you to improve your child’s life.