Although genetic disorders do not result from a brain injury, they can cause very similar disabilities and have a huge impact on family life. The emotional and financial strain of caring for someone with a genetic disorder is the same.
Children born with a genetic condition often require a large amount of extra care and the costs of coping with their disabilities can be huge. The presence of a genetic condition itself will be nobody’s fault, it’s just something that can happen sometimes. But what if it should have been diagnosed before the child was born? Many parents, understandably, when told that their unborn child is likely to have severe and debilitating disabilities, will choose not to proceed with the pregnancy any further. That is their choice by law. But when doctors fail to spot the genetic abnormality and they should have, that choice is taken away. If they would have terminated, the parents have a right to claim compensation to cover the costs of caring and providing for their disabled child. This is what is known as a “wrongful birth” claim.
Claims can also arise when a sterilisation or vasectomy procedure doesn’t work, resulting in an unwanted pregnancy. If the baby is born with disabilities, again, the parents can claim for the cost of providing for their disabled child.
We have experience in successfully pursuing claims for parents put in this very difficult situation, and know how the thought of making a claim for something like this can be daunting. There is normally a very loved child at the centre of things, who needs a lot of care, therapies, equipment, housing adaptations and other things to make life as good as it can be. Getting the best compensation for our clients to cover the cost of these things is at the heart of what we do.