If you received negligent advice during pregnancy or care which meant that your child was born with a serious abnormality, you may have a wrongful birth claim.
‘Wrongful birth’ a legal term used to describe when a mother completes an unwanted pregnancy because of negligent medical advice. It is a particularly difficult situation for parents, and can bring a lot of conflicting feelings.
Babies can develop serious abnormalities in the womb. An abnormality may profoundly affect the baby’s quality of life. Many serious abnormalities can be detected during routine tests and doctors should explain the possible risks. In such a difficult situation, parents might make the incredibly hard decision to end the pregnancy.
To bring a wrongful birth case, it has to be clear that the parents would have terminated the pregnancy if they had been correctly informed about their baby’s condition. There are typically two situations which can lead to a wrongful birth case:
Serious abnormalities should be detected during antenatal care. In England and Wales, all pregnant women should be offered tests early enough so that a termination is a safe option if that’s what she wants. If your baby was born with a serious condition because your care provider failed to test for, or identity, a problem during your pregnancy you might have a claim for wrongful birth.
There are a range of tests during pregnancy, the most significant of which is normally the mother’s 20 week ultrasound scan. If the doctor/midwife suspects there may be a problem, further tests should be offered.
If a baby is particularly at risk of suffering a severe genetic condition, doctors should explain the potential risks to the parents. For example, if there is a family history of a particular genetic condition, appropriate tests may be carried out to establish the chance of the baby being born with a serious condition.
Wrongful birth can be very overwhelming for parents. A claim is about securing the best care and quality of life for your child, and your family.
Our leading birth injury claims solicitors have a great deal of experience helping parents through complex wrongful birth cases. We understand the practical, emotional and financial implications of raising a child with a serious condition.
A successful claim can provide:
If your birth injury claim is successful, you will receive a compensation award.
Part of the award will include an amount to cover your pain and suffering for completing an unwanted pregnancy. The compensation is also there to make life easier, financially and practically, and ensure your child has as good a quality of life as possible. Part of the award may include a care package for life, including financial provision for your child’s care needs for the rest of their life.
Tees is a top-tier Legal 500 Medical Negligence firm. We are one of the longest-standing and most highly respected claimant medical negligence practices in the region, and we work with only the best independent medical experts.
All of our Team are members of the Association of Personal Injury Lawyers (APIL) and a number of our solicitors sit on specialist panels for the Law Society and AvMA (Action Against Medical Accidents). We are also a member of Headway (the brain injury association), and listed on their Head Injury Solicitors List and are approved by UK ABIF (the UK Brain Injury Forum).
Tees has offices across East Anglia, and we regularly represent clients from across the country due to our expertise and the specialised nature of medical negligence claims.
There are funding options available to help cover the cost of legal advice. The first is public funding – also called legal aid – which can cover all or some of your legal costs. Legal aid is normally only available in cases where a child has suffered a brain injury before, during or just after birth. It may be available if you are making a cerebral palsy claim on behalf of your child.
Alternatively, in certain situations we may offer a conditional fee agreement (also known as a ‘No Win, No Fee Agreement’) and insurance. It means you can pursue the case without having to worry about paying any legal costs and if the case is not successful, there is nothing to pay. If you win the case, most of the costs will be paid by the Defendant
We will explain the options available after your free initial assessment.
One of our leading medical negligence solicitors will assess your case free of charge. A solicitor has the expertise and experience to listen to what’s happened, and can advise as to whether you have a claim.
We’re here to listen and help you get the best for your child. Our medical negligence solicitors know just how devastating a birth injury can be, and we’re here to help you get the best result possible – including financial compensation, support and an explanation about what happened during your care.
For a free, confidential, no obligation chat, or fill out our enquiry form and we will let you know how we can help.
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