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compensation following an accident
illness or injury - nationwide
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Around 1 in 2,500 babies in the UK are born with cystic fibrosis. As cystic fibrosis is an inherited diseases caused by a recessive gene, it relies on both parents possessing the causal gene, yet even then there is still only a 25% chance that the child will be born with the condition. In cases where a prenatal test for the diseases proves negative but the child is then born with cystic fibrosis, it may be possible to claim birth injury compensation.
For birth injury compensation to be claimed in this situation it is generally necessary to prove something often referred to as "wrongful birth". This means that it is incumbent on the claimant's medical negligence solicitor to prove that had the test been accurate and administered correctly, the parents of the affected child would have chosen to terminate the pregnancy.
Such a claim never questions a parent's love of a child, it simply seeks to ensure compensation for the difficulties associated with living with a condition that greatly affects the function of the body's internal organs, particularly the lungs and pancreas.
In 2009 such a case went before the British courts. It centred on the birth in 1995 of Scottish boy with cystic fibrosis. His 41-year-old mother sought to claim damages from Lothian Health Board on the grounds that she wrongly tested negative for the condition.
The Court of Session in Edinburgh agreed to clear the way for the woman to proceed with her claim after hearing that the claimant had been provided with a leaflet that stated: "If the result does show that the baby is going to have the disease, you may wish to consider termination."
The court agreed that the hospital, rather than the individual scientist who analysed the test results, could potentially be held liable for the claim. The judge stated, "There is nothing in the leaflet which indicates that the analysis would be carried out by anybody other than the hospital. It is plain that, should the test prove positive, the hospital would then arrange for further testing and information to be given to the patient. Adding, "It would, in my opinion, be open to a patient to think the hospital, in offering a test, was offering to analyse any samples given."
Leading medical negligence solicitors - 100% birth injury compensation
Birth injury compensation fall within a very specialized area of personal injury litigation that requires specialized legal representation.
Whether you are looking to make a cerebral palsy-related claim, a perineal tear-related claim, or a wrongful birth claim, we have specialists on our panel experienced in dealing with the law as it relates to your case.
We have an excellent success rate, only appoint specialists governed by the Solicitors Regulation Authority, many of whom also possess membership of the Clinical Negligence Scheme, and also strive to keep all costs associated with a birth injury claim to an absolute minimum.
In addition, we never take any cuts: our 100% compensation promise.
If you would like to speak to an advisor today, without pressure or obligation, echat, complete an online claim form or call us, on 0800 10 757 95.
We look forward to helping you.
