I found the whole process very easy - everything was fully explained and the staff was excellent. I was extremely impressed with Deborah Blackmore. I found her very professional and approachable. It was an absolute pleasure to deal with her and I would recommend her in the future.
Mrs K Caine (PI)
Wrongful birth and conception
Wrongful birth and wrongful conception is a complex area of law, requiring special expertise, which we offer. These types of cases may be categorised as:
The cases involve serious emotional factors as to whether or not the treatment option to terminate a pregnancy would have been accepted. There are many technical issues concerning valuation of these cases.
The law has changed greatly on wrongful birth following the House of Lords decision of McFarlane v Tayside Health Authority. The position is now that the additional costs of upbringing can be claimed in the case of the birth of handicapped child but not for a healthy child. For the birth of a healthy child, damages in these cases are now very limited and specialist guidance is needed.
These claims have to be brought by the mother. This means that a three-year time limit applies from the date of negligence or date of knowledge of negligence. Also because the child is not bringing the claim then legal funding is based on the parents’ and not on the child’s means. In some cases Legal Aid may be available, however expert advice about funding, preparation, quantification and time limits should be taken. We will be pleased to assist with this complex and difficult area of law.
Telephone us on 0844 620 6200
Email us at blclaims@bllaw.co.uk
- wrongful conception, such as failed sterilisation procedures, failed advice about sterilisation, inadequate sterilisation surgery or prescribed drug treatment interactions leading to loss of contraceptive protection or
- wrongful birth such as failures to detect abnormalities in the baby, for example chromosomal abnormalities, viral infections or congenital defects, which would have led to the offer of termination of the pregnancy as a treatment option
The cases involve serious emotional factors as to whether or not the treatment option to terminate a pregnancy would have been accepted. There are many technical issues concerning valuation of these cases.
The law has changed greatly on wrongful birth following the House of Lords decision of McFarlane v Tayside Health Authority. The position is now that the additional costs of upbringing can be claimed in the case of the birth of handicapped child but not for a healthy child. For the birth of a healthy child, damages in these cases are now very limited and specialist guidance is needed.
These claims have to be brought by the mother. This means that a three-year time limit applies from the date of negligence or date of knowledge of negligence. Also because the child is not bringing the claim then legal funding is based on the parents’ and not on the child’s means. In some cases Legal Aid may be available, however expert advice about funding, preparation, quantification and time limits should be taken. We will be pleased to assist with this complex and difficult area of law.
Contact the Clinical Negligence team
Telephone us on 0844 620 6200
Email us at blclaims@bllaw.co.uk
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Call us between 8am and 6pm Monday to Friday, or use the enquiry form outside office hours
Or call us on 0844 620 6600
