Having a baby is nerve-wracking at the best of times, even if it is something our hearts truly desire. So, imagine going into labour with a baby that you did not know was coming, or having to face complications that you had specifically sought out to rule out? This can be heartbreaking and traumatising on many levels, and for those this has happened to, it could leave them open to making a wrongful birth claim. Not only will this change the life of everyone involved, but if complications are present too, this can be an extra set of grief, responsibility, and cost that someone is not set up for. If you want more information on wrongful birth claims, then read this piece to find out what you need to know and what you can do about it.
What is a Wrongful Birth?
Wrongful birth is a legal concept that covers where a specific birth was unintended. This means that the parents of the child in question could be entitled to compensation if the birth of the child was in any way negligible from a professional health worker.
A Fail in Treatment?
A wrongful birth could be put down to an unplanned pregnancy, which was a result of a failed vasectomy or sterilisation. This could also include a failure to detect or identify any health problems the baby might have had, such as birth defects, disabilities, or health complications before birth – these are two common issues that result in wrongful birth claims.
Those who have opted for sterilisation or a vasectomy would be well within their rights to be alarmed if them or their partner were expecting a child. However, there would have to be proof that the vasectomy or sterilisation failed because of negligence or improper treatment by a professional healthcare provider.
Another reason for a claim is the failure to detect specific disabilities, where a parent has the right to choose whether to continue with the birth based on the information given from these tests. Disabilities and consequences can have grave effects on both mother and child, and bring up significant issues in a pregnancy, which is why it is important the tests are done correctly.
How Can You Prove a Wrongful Birth?
When opening a wrongful birth claim, there are two factors that need to be proved in order for a claim to be successful. These include that there has been negligence or negligent treatment falling below the standard expected from a health care professional within that specific area of practice. And, also, that the negligent treatment has resulted in a child being born; however, if the negligence had not occurred, the birth also would not have happened.
If you believe this is the case, the most important next step is to make sure you find the correct legal team to represent you in the case moving forward. They should be able to tell you if you have a case of wrongful birth and what the procedure of making a claim will entail.