In our work supporting parents whose babies are born with disabilities, the majority of legal cases centre on whether negligent maternity care and treatment during labour and birth caused the injury to be suffered.
In these circumstances, compensation (often multi-million pound settlements) is sought for the child to enable their parents and families to secure the money they need to provide suitable accommodation, equipment and often life-long care.
However, our lawyers also support families whose babies are born with injuries or disabilities which doctors should have spotted earlier in pregnancy.
In these cases there is a failure to inform the mother and/or the parents of the disability – thereby denying them the opportunity to make the very difficult decision as to whether to continue the pregnancy, or elect to have a termination.
In legal terms, such a case is referred to as a ‘wrongful birth’ and a claim for compensation can arise in a number of different circumstances.
In our experience, there are several disabilities which can be missed or overlooked when mothers are having their routine scans, which are usually conducted at around 12 and 20 weeks.
These can include Down’s syndrome, heart defects, limb defects and spina bifida. Doctors should certainly be aware to look for any potential genetic issues, based on family medical histories.
Common examples of negligence include;
- Failure to carry out/accurately report on/act on antenatal tests. This could include things such as incorrectly reporting on an ultrasound scan taken during the pregnancy.
- Failure to carry out more detailed and specific tests after initial scan concerns are noted, and appropriately act upon those test results.
- Failure to carry out/accurately report on/act on the results of genetic tests (for a condition such as haemophilia).
- The failure to advise parents about genetic conditions.
Such cases are obviously highly sensitive and emotive, and having supported many people in this situation, we know making a wrongful birth claim is not something which sits comfortably with many parents given their unconditional love for their child.
However, it is a hugely important area of medical negligence law which is in place to support mothers and families who find themselves raising a child that she / they wouldn’t have otherwise had.
Wrongful birth compensation calculated on severity of disability and cost of care needs
Making a claim in no way suggests a child is not wanted – and certainly each and every client I have represented in cases like this have been dedicated and loving parents. They have just found themselves in a situation of difficulty and hardship.
It is why the law is in place, and when a wrongful birth claim is pursued, compensation can be claimed for;
- The pregnancy and childbirth itself
- Expenses and losses associated with the pregnancy (maternity clothes / loss of earnings)
- The additional costs of raising a child with a disability (compared to raising a child with no disability)
- The loss of right to limit the size of your family
In cases of severe disability, our legal support is essential as, should it be proved that doctors were negligent in not informing the mother and parents during pregnancy, claims could run into the value of millions of pounds.
Compensation can vary depending on several factors, not least being the severity of the child’s disabilities and their specific care needs growing up.
In successful wrongful birth cases, the compensation that is awarded is not the child’s money.
Instead, some elements of the compensation will be paid to the mother only (for example, in relation to having to undergo the delivery of the child). Other elements of the compensation will be paid to the mother/mother and father.
Wrongful birth and our legal support and expertise
Investigating a possible claim for compensation for wrongful birth will involve obtaining copies of the mother’s medical records, together with those of the child at the centre of the claim.
Detailed information will need to be taken from the mother/parents about why they would have taken the difficult decision to proceed with a termination had they been properly advised about all of the circumstances of the pregnancy.
Input will also be required from independent medical experts on both the standard of medical care received and the impact of that care. Our legal team will take care of all of these requirements, whilst handling your case with complete confidentiality and sensitivity.
Medical negligence claims can be funded by a Conditional Fee Agreement (no win no fee). There are time limits for pursuing these types of claim so it is therefore important to seek early legal advice.
The first step is to get in touch. You can begin by contacting us via our claim form and selecting Birth Injury as the type of claim. You can also call us for a confidential discussion of your current situation or arrange a meeting to suit you via our online form.
Read more: Birth Negligence
