How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask UKSolicitorJA Your Own Question
UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
62162956
Type Your Law Question Here...
UKSolicitorJA is online now

Can we Sue for Un-expected Twins

Resolved Question:

After going through fertility treatment privately, we now (un-expectantly) have twins. Can we sue the consultant for additional cost in raising them if she did not properly warn us of the likelihood of twins?


 


More Info:-


We already have a 1.5 year old, but wanted one more child.  We went to a private (recommended) specialist.  And she recommended Clomid (fertility drug).


 


On the month we conceived the specialist said (after viewing my wifes overies ) "If you were 21 I'd say skip this month" but since you are 41 it should be fine.  We now have un-expecetde Twin (babies) in addition to our 1.5 year old, which is a massive strain for my wife and I.  You just have to have 2 pairs of hands at all times or it's near impossible.

Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

Yes, you may sue the clinic if they were negligent or if they guaranteed that you would not have multiple babies or you had a contract with the clinic which said you would only have 1 baby from their treatment.

If you claim negligence, you would need to prove this in court to make a successful claim.

You may consider giving up one of the twins for adoption if you are simply unable to look after both of them.

Sorry and good luck
Customer: replied 3 years ago.

We love them both dearly. But one of the only ways to cope is to hire a nanny for at least the first year (at about 10 pounds an hour) which we cannot afford.


 


Nothing in writing guaranteed only 1 child. It would just have to be the verbal agreement, guidance from the Consultant of "If you were 21 I'd say, don't have intercourse this month but you are 41 so should be OK.", then we end up with Twins. i.e. lack of detailed advice and risks.


 

Expert:  UKSolicitorJA replied 3 years ago.
Thank you.

You should complain to the clinic about this and see what they have to say and whether they are willing to accept liability and make some sort of payment to you.

If you have no joy with the clinic, you may complain to the HFEA: http://www.hfea.gov.uk/1072.html

Otherwise I am afraid you would need to go to court. You may also turn to charities or well wishers for help with finances.

I wish you all the best
Customer: replied 3 years ago.

What is the likihood of a successful claim (in or out of court) without a writen contract.


 


The main tenant would be bad verbal advice I guess i.e. the consultant inferred we would not have a multiple pregnancy by saying (if you were 21 I'd say don't have intercourse this month, but you are 41)


 


 


 

Expert:  UKSolicitorJA replied 3 years ago.
I am afraid personally I don't see a good chance of a claim unless you had speciificallysaid that you only wanted 1 baby.

Sorry, but I can only advise you honestly based on the law.

All the best
UKSolicitorJA and other Law Specialists are ready to help you