Birth Defect & Wrongful Birth Claims

Birth defect test results present some parents with difficult choices during a pregnancy. But when these results are misdiagnosed, the parents lose the ability to make an informed decision about their child, sometimes with life-changing consequences.

Had you been warned that your baby had a serious health condition, you may have opted to not proceed with the pregnancy. In these situations, compensation can help you with your child’s needs, as well as replacing lost income, should you need to stop work to care for your child.

Our medical negligence solicitors have helped many parents who were let down by hospital staff during pregnancy, giving birth without knowing that their baby had a serious health condition. We understand how challenging the situation can be, dealing with a new set of expectations for your new-born child.

We could help if doctors failed to diagnose one of the following kinds of birth defect during pregnancy:

Hereditary/genetic – e.g. cystic fibrosis, Down’s syndrome
Structural (related to problems with body parts) – e.g. holes in the heart, spina bifida, brain malformations

We believe in the importance of rehabilitation, and we’ll make sure that your child has access to the best medical treatment during and after the claim.

We’re trusted by Shine, the spina bifida and hydrocephalus charity, to be on their legal panel. This means that we’re one of their recommended law firms for spina bifida and hydrocephalus claims.

For a free initial consultation about making a compensation claim, call us today on 0800 121 6567 or contact us online and we'll get back to you as soon as possible.

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Birth Defect Claims - More Information

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They were always there to answer my questions and queries when I was at my most vulnerable and they persevered to obtain the best possible result."

Lisa, client

Frequently Asked Questions

What Kind Of Tests Are Used To Diagnose Birth Defects?

During pregnancy there are a number of tests you might be offered to diagnose any potential defects. They’re given at various stages in the pregnancy but aren’t compulsory. There are two main kinds of check:

Screening tests predict the likelihood of your child having a certain birth defect
Diagnostic tests are able to tell you whether your child actually has a certain defect

Typically, screening tests involve an ultrasound (for physical defects) or a blood test (for inherited conditions). They aren’t compulsory, but doctors should make sure that you’re fully aware of the options available to you, especially if your baby is considered at risk of a certain defect.

If a screening test reveals that your child is more likely to have a genetic condition, you’ll be offered a diagnostic test to give a more definite answer. The most common diagnostic tests are amniocentesis and chorionic villus sampling (CVS – also known as placental biopsy). These are invasive tests that carry a small risk of miscarriage and infection, so they aren’t offered to all women.

In most cases the tests provide an accurate picture of the fetus’s health, but human error sometimes means that mothers aren’t given the right tests or results aren’t interpreted properly.

If you’ve received inaccurate test results and given birth to a baby with a serious health condition, our lawyers could help you make a compensation claim for wrongful birth.

What If My Doctor Failed To Diagnose A Birth Defect?

Because screening tests don’t provide a definite answer, it’s important that you’re then referred for a diagnostic test if your baby is considered at risk of a defect. If either the screening or the diagnostic test is misread, the consequences could be severe and you may have a claim for medical negligence. Some of the conditions tested for include:

Ventricular septal defect (VSD – holes in the heart)
Spina bifida
Cystic fibrosis
DiGeorge syndrome (22q11 deletion)
Down's syndrome

If your child is born with one of these conditions after being given the all-clear, we could help you make a wrongful birth claim.

What Can Compensation Pay For?

Our solicitors will tirelessly pursue the funds you need for a good quality of life. We’ll make sure that your compensation takes into account all of your family’s requirements, both present and future. It can help pay for the extra costs associated with your child’s disability, such as:

Care and medical treatment
Occupational therapy
Speech and language therapy
Education needs
Accommodation needs
Medical treatment

We understand what an emotional and difficult decision it is to make a wrongful birth claim, so you can rest assured that we’ll treat your case with the sensitivity it deserves.

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