Cases of Failed Sterilisation, Failed Vasectomy & Wrongful Birth
What is wrongful birth?
The term “wrongful birth” is applied to the situation in which parents seek compensation for medical negligence which has resulted in the birth of a child. Wrongful birth claims generally fall into the following two categories:
Failed sterilisation or vasectomy
If an unplanned pregnancy is the result of unsuccessful sterilisation or vasectomy, it may be possible to pursue a wrongful birth claim. Compensation may be available to cover physical and emotional distress due to the unwanted pregnancy and labour and the cost of re-sterilisation, and it may be possible to make a claim even if the pregnancy is terminated.
Although compensation cannot include the cost of bringing up the child (except if the child is disabled), it can sometimes cover loss of earnings and any other financial losses resulting from the unwanted pregnancy.
Failure to warn about specific disabilities
During a pregnancy, screening should take place in the course of antenatal appointments – through analysis of scans and medical history – to determine if the baby is at risk of any congenital problems. If the required tests are not performed or results are not properly diagnosed, it may be possible to make a claim for medical negligence. Human error, poor training or faulty machinery can lead to these types of claims – and compensation may be available to provide for the costs associated with the welfare and health care of the disabled child. Some of the disabilities which should be picked up in antenatal tests include:
● Down’s syndrome
● Spina bifida
● Club foot
● Holes in the heart
Claiming compensation for a wrongful birth
The team of clinical negligence lawyers at CH Legal have many years of experience dealing with cases involving failed sterilisation, failed vasectomy and wrongful births. We can help you understand your rights and pursue any potential claims you may have. To find out more, contact Rukhsana Arif or phone 0845 4786 354.