Prenatal Negligence

A poorly performed sterilisation vasectomy or abortion could result in the birth of an unwanted child. Failed preimplantation or prenatal diagnosis could lead to the selection of an embryo or fetus that is born with undesired traits or in an undesired condition. So could a failure to properly immunise or advise a woman about the risks of an activity or infection to her future child.

Therefore, there are various types of prenatal negligence that can lead to the birth of children who would not otherwise have been born or would not have been born with particular traits or prospects.

Cases on prenatal negligence typically turn out to be more complex than regular medical negligence claims. This is caused by the sensitivity of the matter and the raising of policy and ethical issues.

In simple terms, the following types of actions are likely to be brought under prenatal negligence:

  • Actions by or on behalf of the child:
    • Prenatal injury actions: claims brought on behalf of a child born in a damaged condition where the child alleges that he was injured by the negligence of another before their birth.
    • Wrongful life actions: a child claiming a financial award for its birth with allegedly unsatisfactory traits or prospects, in circumstances where if the alleged negligence had not occurred it would not have been conceived or born at all.
  • Actions by or on behalf of the parents:
    • Wrongful conception actions: the parents were deprived of the opportunity to avoid the conception or pregnancy in the first place.
    • Wrongful birth actions: the parents were deprived of an opportunity to avoid continuing with an existing pregnancy.

YOUR CLAIM

In simple terms this is a step-by-step outline of how your medical negligence claim will progress:

  • Contact Compensation Solicitors Online for a FREE assessment of your claim. If we believe that you have grounds for a claim, we will be happy to represent you on a NO WIN – NO FEE basis (CFA).
  • You should try to collect all the evidence which proves that a medical professional is to blame for your injury.
  • You should keep a record of all your medical documents (medical bills, doctors’ appointments, prescriptions, payment receipts). This will be used to prove your medical negligence injury and any related financial losses.
  • We will then instruct a medical specialist in the field related to your injuries to examine you. The information we obtain from the expert will be used for the purpose of showing that the person who has treated you has in his/her actions fallen below the professional standard of care, i.e. if a competent doctor were in the same situation, they would not have made the mistakes which led to your injuries. Furthermore, the expert will set out in his/her report your injuries and describe what the future holds as to your recovery or continued disability. This will be relevant when calculating the compensation value.
  • We will analyse all the information and draft a letter of claim and send it to the medical team responsible for your injuries. This letter will outline how the team was negligent and how this caused you to suffer an injury.
  • If the negligent party admits liability, we will try to settle your claim out of court and obtain the best compensation for your injuries.
  • If the negligent party denies liability, we will bring your case to court and we will win the compensation which you deserve.
REHABILITATION

It is our priority to ensure that you get the right medical/rehabilitative treatment as quickly as possible. This can make a real difference in your life.

TIME LIMITS

Generally, personal injury claims have a three year time limit i.e. court proceedings have to be issued at least one day before the third anniversary of the accident , otherwise they will be time barred and you will no longer be able to pursue your claim. (There are a few exceptions to this rule and the court does have some very limited discretion to extend the various time limits). You can still pursue a claim for personal injury after the third anniversary of the accident, you just have to make sure court proceedings have been issued before that third anniversary in order to do so. We will be happy to discuss this further with you.

If you are a minor at the time of the accident, i.e. under 18 then the 3 year limitation date starts to run after you have turned 18. Furthermore, there also a complicated set of rules that allows the 3 years limitation date period to run from the date of knowledge of the incident/accident. These rules normally apply to clinical/medical negligence cases or industrial disease claims, where they may be a long latency period between the incident giving rise to your claim and you first suffering any symptoms and becoming aware of it. The rules on this are technical and we will, once again, be happy to discuss this in detail with you.

FUNDING

There are a variety of funding options open to you. We will discuss these options with you in more detail and where appropriate represent you on a no win no fee basis (also known as a Conditional Fee Agreement).

TIME

According to the NHSLA Annual Report and Accounts for 2012, the average time to resolve a claim is under sixteen months.

COMPENSATION

There are two parts to any compensation claim, consisting of two types of damages:

GENERAL DAMAGES

General damages are calculated as a part of the compensation based on the type of injury and are designed to compensate for pain and suffering and the impact on the claimant’s enjoyment of life.

SPECIAL DAMAGES
Special damages are the more variable part of the compensation and depend on individual circumstances. The claimant may be able to recover:

  • Expenses relating to the cost of living with any disability;
  • Expenses to cover services provided by other people;
  • Increased accommodation costs;
  • Loss of earnings;
  • Medical expenses;
  • The cost of buying in care.

Establishing the level of special damages to be paid is a crucial part of a compensation claim. Compensation Solicitors Online have experience in compensation claims in cases of medical negligence.

MAKE A CLAIM

If you would like to speak directly to one of our team you can either call us on 0208 203 4999 or send us your enquiry and we will give you a call back to discuss your claim within 1 business day.

WHY COMPENSATION SOLICITORS ONLINE?

Compensation Solicitors Online is a successful, well established firm of solicitors that specialises in obtaining compensation for our clients. We are reliable and we have been running for over ten years.

We pride ourselves with frequent recommendations from our existing clients. This is due to the straight forward and professional manner in which we deal with our clients and their cases.

Moreover, our specialists in the area of Medical Negligence deal with such cases on a day-to-day basis. We possess the necessary experience and expertise to provide the best quality advice and support for you during your claim.

Contact us today and join the hundreds of satisfied clients whom we have helped in conducting their Medical Negligence claims and obtaining thousands of pounds of compensation for them.

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