Medical negligence

I think it's worth considering, it will help you cover childcare expenses etc which I assume you must not have budgeted for. But be aware it will be a long drawn out process, multiple medicolegal experts will get access to your entire medical history for their assessments, will involve appointments and assessments etc. But they have already admitted liability so that helps!

NHS trusts have a group self insurance process (CNST) and the amount a trust contributes depends on its assessed level of risk, which is based on many factors including the number and nature of incidents, strength of processes, and whether it can be shown that these are followed. Whether the OP makes a legal claim or not, the failures identified (assuming everything is as stated) will feed into that, as they should.

You found out when you were 10 weeks into pregnancy they could argue that you could have terminated.

If you have legal cover on your home insurance, they will help with a claim for medical negligence.

There's nothing wrong in claiming compensation. If you don't feel guilty about claiming for your car, why not claim for your health? It comes from a different budget, so if someone doesn't claim compensation, it doesn't mean that money will go back to the NHS, it will go to another person's compensation.

Ok, and how do you think they pay for the increased premiums from claims...?

Of course, medical negligence settlements will affect an organisation's budget - the money doesn't come from a compensation fairy. it's clawed back by halting recruitment, certain procedures, stopping the use of agency staff...

Oh I would 100% pursue a legal claim, and if the circumstances are as you describe, it would be successful, although the settlement would depend on the circumstances (is the child healthy or do they have additional needs? Have you been working while raising your other 6 children? Have you had to give up that work due to having a 7th child? etc.). If you haven't worked for years it will be less worthwhile financially.

I work in the NHS and on 99% of these threads I just sigh because there has been little or no financial or other impact on the patient, and they are either hoping for some free money or hoping for revenge on some staff member. But in this case you can certainly demonstrate that your life has been impacted.

Of course you should file a claim

I would take advice, on claiming.

I would leave it for one reason only and that is if your child ever found out it could potentially massively damage them. It would feel awful to find out that mum and dad didn't want you, categorically didn't want another child and actually sued the doctor because it was so horrendous that you were born. I'm not saying that's how you feel now baby is here but the child won't necessarily understand that. I know you probably won't tell them about it all but things come out in the end.

Assuming you’re in England, the law is pretty clear that you can claim for loss of earnings and other financial losses due to the unwanted pregnancy (including emotional distress) but not the cost of bringing up a healthy child.

I can’t help but think that you did have the option of terminating the pregnancy.

I thought with sterilization they tell you that in a minority of cases it’s unsuccessful? Certainly a friend of mine did fall pregnant after being sterilized, I thought was a known/ accepted risk?

The compensation comes from their insurance

There’s case law on this that you can claim sue to “wrongful birth”. I understand that now the baby is born you might feel awkward claiming but as you say an unplanned pregnancy is costly and it seems it was a result of medical negligence.

This happened to someone my parents knew when I was a child. She claimed for compensation and got it. I would do the same, its had a big impact on your life.

In your shoes I would claim but be careful as they will probably say it was your choice to keep the baby when you found out. Unless you were too far gone there’s always a second option.

If you do decide to take legal action, it's worth looking at The Law Society's clinical negligence specialists. There's a list available to download towards the bottom of this page: www.lawsociety.org.uk/career-advice/individual-accreditations/clinical-negligence-accreditation.

Well, if they've apologised and admitted negligence, the level of negligence must be very high and you would almost be guaranteed to win any compensation claim, so yes definitely contact a reputable no win-no fee solicitor. I think the NHS in this context would actually be waiting on your claim coming in and the ongoing debate would be about how much compensation you are entitled to (potentially quite a lot!).

But its also important to sue them because proper procedures weren't followed, and since the NHS is otherwise a remarkably unaccountable public body, sueing it is really the only way of ensuring theres a chance that all those "lessons learned" might actually sink in.

Your claim would be for lost work, extra costs, pain, anxiety, suffering, etc and I should think they would be highly likely to settle out of court (most cases do).

I work for NHS resolution and deal with claims like this. Obviously not going to weigh in on whether you should claim as that’s a personal decision but your baby being 6 weeks old I wouldn’t claim just on the basis that any compensation could pay for nursery fees as things can take a bit longer than that. Even if the trust have already admitted liability!

I would claim, yes. Mainly due to the trauma of a high risk pregnancy and c section!

I know what you mean but I would see it as supporting your child.

I would claim. Their error is impacting you financially and they have admitted their fault. The money will also be helpful for your baby not just you, I wouldn’t hesitate.