The Clinical Negligence Department is acting for a young woman in relation to a claim commonly described in legal circles as a “wrongful birth” claim. Briefly, when a student she had an unplanned pregnancy and when she went for a routine 12 week ultrasound scan it was confirmed to her that the foetus was intact and healthy so she went ahead and had the baby. Unfortunately the Radiographer had grossly negligently completed a tick box form describing the foetus as normal developmentally for that stage in all respects whereas in fact he had paid little attention to the scan and the baby girl was born with a number of abnormalities including limbs missing which were perfectly obvious from the scan. Our client as a student without any private means of support would undoubtedly have decided to terminate rather than proceed with the pregnancy had she been properly advised and so we brought a successful claim for damages on her behalf. The law currently is such that damages cannot be brought for the full cost of bringing up a child but can be brought for the additional expense and costs involved of bringing up a disabled child. We have therefore claimed very substantial damages for cutting-edge prosthetics and other medical assistance on her behalf.
The Clinical Negligence Department conducts such claims with the assistance of any pre-existing legal expenses insurance and in the absence of that by way of a conditional fee agreement so that the client does not have to pay any of the legal costs if unsuccessful in the action. We encourage clients to secure insurance in addition, at reasonable rates usually, to cover the risk of losing the case which in turn covers the costs of expenses like medical report fees and court fees.