Medical Negligence Claims

Maternal and Fetal Wellbeing

The wait for the birth of your child can be the most nerve wracking and expectant time of your life. As you prepare to give your new-born the happiest and healthiest possible start, at the same time you are relying on the care of those in the medical profession to ensure that one of the most important times of your life runs as smoothly and as safely as possible.

Antenatal screening and scanning is an essential process to ensure that any mental or physical defects are detected at the earliest possible opportunity. Screening tests can detect structural abnormalities such as Spina bifida, or a mental disability such as Down’s syndrome. A screening can also detect abdominal wall defects, missing bones or limbs, renal abnormalities and brain or heart defects.

Discovering that your child has been born with a mental or physical abnormality that you were not forewarned about during the prenatal screening process can cause severe emotional stress during what is supposed to be one of the happiest times of your life.

If a medical practitioner has failed to identify a condition that may have affected your decision regarding termination, or has left you inadequately prepared for the arrival of a child with special needs, then you may be able to make a claim for compensation.

If a mental or physical condition is detected during pregnancy then you should be offered a pre-natal diagnosis by the medical practitioner. These tests can be conducted to ensure that your child is not born with a suspected condition and can:

• Provide reassurance that your baby will not suffer from any structural abnormalities
• Provide you with an opportunity to see your baby while receiving advice as to its condition
• Give you time to prepare for the arrival of a baby that has special needs
• Allow you to consider the termination of a baby with a serious mental or physical abnormality

If your child is born with a disability you were unaware of then, as well as the emotional trauma there is a financial cost to consider. We understand that compensation may not be able to cure a child born with a disability, but it can help to improve the quality of life for your new-born and other family members.

Specialist medical equipment or 24 hour care is not something that you may be able to afford. If negligence is proven then we may be able to help you claim for expenses relating to improving the quality of life for your child, helping to ease the financial burden during a stressful time for your family. If you believe that a birth defect was undetected during your pregnancy please call our specialist team at Duncan Gibbins Solicitors who will be able to provide advice regarding a claim for compensation.