Failed Contraception and Wrongful Birth Claims

What is a wrongful birth?

Wrongful birth is a term the courts use to describe the birth of a child who would not have been conceived had it not been for the negligent actions of medical professionals.

For example, if a person has a vasectomy or sterilisation procedure, they would expect that they are safe from conceiving a child. If the procedure does not work for some reason, there may be a claim for wrongful birth compensation.

Wrongful birth claims can also arise in cases where parents have not been warned that a child will be born with a specific disability, and if they had been warned would have terminated the pregnancy.

Why does sterilisation fail?

Sterilisation procedures have a higher failure rate than a vasectomy. The procedure involves cutting or blocking the fallopian tubes to prevent the egg from travelling from the ovaries to the womb.

Female sterilisation most commonly fails because:

• Clips used to block the fallopian tubes are not attached correctly and fall off; or
• the fallopian tubes join back together (known as recanalisation).

In either case, the patient would be entitled to claim for medical negligence should she become pregnant.

How to make a wrongful birth claim

If it can be proved that a sterilisation procedure was not carried out correctly, or the advice given concerning contraception following the operation was negligent, a claim could be upheld.

We will ensure that compensation cover considers the financial, emotional, physical, and psychological impact resulting from the unwanted pregnancy or birth. Our specialists are experts in handling such claims and achieving the highest possible levels of damages. We care about how things turn out for our clients; we know that what we can achieve for you will make a difference to your future.