Failed sterilisation and antenatal misdiagnosis errors
Uncategorized
There are two types of claim for wrongful birth which can be brought by either parent.
- If you have had an unsuccessful sterilisation/vasectomy procedure resulting in an unwanted pregnancy.
- Failure to warn that your child would have severe disabilities when born, knowledge which otherwise would have affected your decision to continue with the pregnancy. Examples of this type of action can include a failure to detect disabilities such as Down’s Syndrome, heart defects and spina bifida.
The basis of these claims is that the child would not have been born had it not been for the negligence. This is where the term ‘wrongful birth’ comes from.
If negligence can be established, not only will you be compensated for the emotional/psychological distress caused but also for any physical distress such as the need to undergo a termination or a further sterilisation/vasectomy procedure. Furthermore, if your claiming for the failure to warn of specific disabilities you can also be compensated for the costs associated in raising a child with severe disabilities.