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Wrongful or Unlawful Birth Claims
If negligent treatment has resulted in you having a baby against your wishes, the expert solicitors at JMW can help you with your wrongful birth claim. For instance, if a failed vasectomy has led to you having a child when you assumed you would be able to have unprotected sex with your partner without fear of pregnancy, we can help.
Wrongful births can have very serious consequences, both for the parents and the child, and compensation can help to make up for the damage done. Find out how the team at JMW can help you make a successful claim by either calling us on 0800 054 6512 or allow us to call you back by completing our online enquiry form.
Wrongful Births Explained
Wrongful birth is the name given to when a claim is made following the birth of a child who would not have been born if it wasn't for negligent treatment at the hands of a medical professional. This means that if accurate treatment had been provided in a reasonable manner, the child would not have been born - in other words, the pregnancy would have been terminated or would not have occurred in the first place.
Claims for births of this type, which are also referred to as unlawful births, fall into two categories;
- Failed sterilisations or terminations
- Failure to warn about or test for a specific disability
Failed Sterilisations and Terminations
Failed sterilisation can result in unplanned or unwanted pregnancy, the result of which can be very serious and can have a significant impact on the lives of all involved. Both males and females can be affected by failed sterilisation and parents may be able to claim for:
- The physical pain of an unwanted pregnancy and labour
- The emotional pain and distress of an unwanted pregnancy
- The distress of any additional re-sterilisation procedure
- Loss of earnings and other financial losses resulting from the pregnancy
You may also be able to make a claim for compensation if you have undergone a termination procedure that was not carried out adequately and resulted in an unwanted pregnancy.
Failure to Warn About a Disability
If parents had been warned about the disabilities their child will suffer from, they may decide that they wish to terminate the baby. However, there have been instances where parents have not been informed of their child's disabilities and the birth has taken place when it would not have otherwise.
This may involve, for example, a failure on the part of a medical professional to diagnose a birth defect that should have been relatively simple to diagnose. Birth defects that should be identified prior to birth can include:
- Spina bifida
- Down's syndrome
- Holes in the heart
Why Choose JMW?
Our unlawful birth solicitors have the experience and expertise to help you get the outcome you deserve. We appreciate how challenging and upsetting it can be to experience an unwanted birth and we will provide the support and guidance you need at this difficult time.
The clinical negligence team at JMW is regarded as one of the very best in the UK. The team includes members of both the Law Society's specialist panel for clinical negligence and the Action against Medical Accidents (AvMA) solicitors' panel.
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