Wrongful birth
outline options so
you can take
control"
Richard Follis, Partner
This can happen in:
- sterilisation
- pregnancy testing
- termination
- ante natal testing where mother would have elected to undergo termination of pregnancy had tests revealed the presence of serious abnormality
Avoiding unplanned pregnancy gives women control over an important part of their lives, while the ability to screen for and detect fetal abnormalities early in pregnancy further empowers women to plan the future of their family.
Sadly, sometimes things go wrong, and wrongful birth can be the result of failed:
- sterilisation of either partner, resulting in an unwanted pregnancy
- pregnancy testing or termination, leading to an unexpected birth
- ante natal screening, leaving mother unaware of major fetal abnormality until the baby is born
The arrival of an unplanned or seriously disabled child can have profound consequences for the wellbeing of the mother, child and other children in the family. The financial consequences can be far reaching.
The claim is by mother, and generally must be started within three years of the birth of the child or the mother's 21st birthday, whichever is later.
The basis of the claim is that but for sub-standard care the child would not have been born. Such circumstances are often fraught with mixed emotions as well as uncertainty for the future.
Our specialists have experience in dealing with these difficult issues stretching back more than 20 years. The first step is to speak to one of our experts, without obligation, to obtain advice on the options open to you.
