Wrongful birth claims

Wrongful birth claim FAQs

• What is wrongful birth?

  Wrongful birth is a legal term used to describe a situation where parents claim that medical professionals failed to properly inform them of the risk of conceiving or giving birth to a child with serious genetic or congenital abnormalities. This lack of information prevents the parents from making an informed decision about whether to continue with the pregnancy.

  Such claims often arise in cases where:

  • There was a failure to diagnose a disability or a health condition during pregnancy.
  • A sterilisation or vasectomy procedure failed, leading to an unplanned pregnancy.

  In these cases, parents may seek compensation for the emotional distress and financial impact of raising a child with unexpected health needs.

• How do I know if I have a valid medical negligence claim for wrongful birth?

  Contact us and one of our experienced solicitors will assess your case to determine whether you have a valid medical negligence claim. We will need to establish a few key elements:

  Duty of care: You must show that the healthcare provider owed you a duty of care. This is generally straightforward in a medical setting, as healthcare professionals are expected to provide a standard level of care.

  Breach of duty: You need to prove that the healthcare provider breached this duty by failing to meet the standard of care that a reasonably competent healthcare provider would provide under similar circumstances. In the context of wrongful births, this could include:

  • Failure to diagnose or disclose foetal abnormalities
  • Incorrect or incomplete testing
  • Failed sterilisation procedures
  • Inadequate prenatal care
  • Failure to discuss termination options

  Causation: The parents must establish that if they had been properly informed about the condition, they would have chosen to terminate the pregnancy.

  Damages: Damages in a wrongful birth claim often include the additional costs of raising a child with significant health problems, including medical expenses, special care, and possibly even emotional distress. The parents might also seek compensation for loss of income if one or both parents have to stop working or reduce their hours to care for the child. The mother may also claim for the pain of childbirth.

  You do not need to address these issues on your own. If you believe these factors may apply to your situation, please contact us. We would be pleased to comprehensively assess your case and assist you in understanding your legal options, including whether you may have a valid claim.

• How do I make a wrongful birth compensation claim?

  Contact us for a free initial consultation. One of our expert medical negligence solicitors will assess the details you give us and advise you whether they think you have a valid claim. They will help you understand your options and explain the legal process and what you can expect. They will also talk to you about funding the case. Your solicitor will be with you every step of the way to make sure you get the best possible outcome.

  To talk to us about making a claim:

  Call us on 03700 868687

  OR

  Message us using our enquiry form and we will get in touch.

  If you have a case, we will be with you throughout the legal process, visiting you in person to help you find out what has happened and to claim compensation for you and your family if there has been negligence.

• What compensation can I claim for a wrongful birth claim?

  In a wrongful birth claim, parents may seek compensation for various types of damages to cover the additional burdens they face due to the birth of a child with disabilities or serious health conditions. The compensation aims to address both the financial and emotional impact on the family.

  A claim cannot be brought in relation to the birth of a child who is free from health conditions. Nor can a claim be brought if the mother should have been warned of a serious health risk to the baby and would have terminated the pregnancy if the correct information had been given and the child, once born, is found to suffer an unrelated birth-related health issue. 

  The mother can also bring a small claim for pain and suffering during the birth. The main claims, though, relate to additional care needs for a disabled child, treatment and therapy costs, equipment and home adaptations or accommodation.

  Speaking with one of our specialist injury solicitors will enable us to give you more detailed advice, based on your individual situation.

• What evidence do I need to support my wrongful birth negligence claim?

  To support a wrongful birth negligence claim, we will help you gather several key pieces of evidence:

  • Medical records: We will obtain all relevant medical records, including genetic testing results. These records will enable us to consider whether there were any failures in the care provided.
  • Witness statements: Statements from anyone who witnessed the care received, such as you and your family.
  • Expert evidence: Independent medico-legal experts provide opinions on whether the standard of care was breached and how this breach caused harm (causation). Their testimony is crucial in establishing negligence. They are also needed to support the losses claimed.
  • Complaints correspondence: Any communication with healthcare providers, including emails, letters, and a complaints response.
  • Photographs and videos: Visual evidence and any visible symptoms can be useful in illustrating the harm caused.
  • Financial records: Documentation of any financial losses incurred due to the negligence, such as medical bills, travel expenses, and lost income, can support your claim for compensation.
  • Genetic testing results: If applicable, results from genetic tests that were either not performed correctly or not communicated to you properly.
  • Personal testimony: Statements from you and your partner about the impact of the wrongful birth on your lives, including emotional distress and financial burdens.
  • Financial records: Documentation of the additional costs incurred due to the child’s condition, such as medical bills, therapy costs, and any necessary home modifications.
  • Correspondence: Any communication between you and your healthcare providers that may show a lack of information or miscommunication.

  We support you in this and offer guidance on any additional evidence that may be needed for your specific case. Collecting this evidence can help build a strong case to demonstrate that medical negligence occurred and that it had a significant impact on your life.

• How long do I have to file a compensation claim for wrongful birth?

  In the UK, you generally have three years to file a compensation claim for wrongful birth. This time limit starts from either:

  • The date of the child’s birth.
  • The date you became aware of the negligence that led to the wrongful birth.

  However, the rules on limitation are complex and so it is important to consult with a specialist solicitor as soon as possible to ensure you don’t miss any critical deadlines. We can provide detailed advice based on your specific situation and ensure that a claim is investigated in good time.

  Contact us as soon as possible and we will help to ensure you meet all necessary deadlines.

• Can I make a claim on a ‘no win, no fee’ basis?

  Yes, you can make a wrongful birth medical negligence claim on a “no win, no fee” basis. This arrangement, also known as a Conditional Fee Agreement (CFA), means that you do not have the financial risk of paying legal fees upfront and that you only pay if your claim is successful. If your claim is successful, your opponent pays most of your legal costs and only a pre-agreed percentage of your settlement will be deducted to cover any unrecovered costs.

• Can I get legal aid funding for a wrongful birth claim?

  Legal aid can help cover the costs of pursuing a birth injury compensation claim in circumstances where your baby has suffered a brain injury either during pregnancy, at birth or during the first 8 weeks of life. When we speak to you, we will be able to assess whether your claim will be eligible for legal aid. If you are not eligible then we can advise you about other methods of funding, including ‘no win, no fee’ agreements and insurance policy funding. 

  Talk to one of our medical negligence lawyers to find out if you qualify for legal aid.

• How long does it take to settle a wrongful birth compensation claim?

  The time it takes to settle a wrongful birth compensation claim can vary widely depending on:

  • Complexity of the case: More complex cases, especially those involving severe injuries can take longer to resolve.
  • Evidence gathering: The time needed to collect medical records, expert opinions, and other evidence can impact the duration of the claim.
  • Defendant’s response: If the healthcare provider admits liability, the process can be quicker. However, if they contest the claim, it may take longer and could potentially go to court.
  • Negotiation and settlement: The majority of claims are settled out of court through negotiations, which can speed up the process.
  • Court proceedings: If it is necessary to start court proceedings, it can take several years to reach a conclusion. However, there are still opportunities to settle the claim throughout that process.

  Once a settlement is agreed, you can expect to receive your compensation within a few weeks.

  Each case is unique; speak to one of our specialist solicitors who can provide a more accurate timeline based on the specifics of your situation.