Failed sterilisation claims relating to pregnancies after people have undergone dedicated surgery to prevent them are often referred to as Wrongful Conception cases, and damages can be sought for a number of reasons, including;
General damages – For pain and suffering and inconvenience of an unwanted pregnancy and going through pregnancy, labour and birth.
Loss of right to limit family size – Damages of £15,000 are typically awarded in such cases for an individual’s loss of freedom to limit the size of their family.
Losses and expenses – This can include loss of earnings during maternity or paternity leave, the costs of baby equipment and of undergoing a re-sterilisation procedure.
Treatment – This can include psychological treatment linked to an unexpected pregnancy, or related to the need to have a termination.
Care and assistance – Such as help and support required by family members during pregnancy, perhaps to look after you or your other children.
Costs of raising a disabled child – Significant damages can be pursued if a family has a baby born as the result of a wrongful conception which has injuries or disabilities. Both parents can claim for shock and distress on discovering the child’s condition as disabled, and the increased stress related to bringing up the child. They can claim for lost earnings for bringing up the child, which they would not have lost had the child been healthy.