Wrongful Birth Compensation Claims Solicitors
Every parent deserves the right to be fully supported when making informed decisions about their pregnancy.
When medical care falls below the expected standard and families aren’t given the information they need to make those choices, it can lead to what’s known as a wrongful birth.
Our specialist medical negligence solicitors have over two decades of experience representing families who have experienced a wrongful birth with the utmost compassion and understanding. We are here to help you through incredibly difficult circumstances, ensuring you receive the amount of compensation you are legally entitled to on a no win no fee basis.
What is a wrongful birth compensation claim?
A wrongful birth compensation claim can be made by parents who have experienced substandard medical care, which has resulted in the birth of a child they would not have had otherwise.
Medical negligence leading to a wrongful birth can occur when a doctor fails to diagnose or inform parents about a disability, genetic or congenital condition discovered during pregnancy.
Sometimes, wrongful birth claims can also be known as wrongful conception or wrongful pregnancy claims when a contraceptive or sterilisation procedure has failed due to medical negligence.
When can I claim compensation for a wrongful birth?
You can claim compensation for a wrongful birth if the medical care you received fell below the expected standard and, as a result, you were deprived of the information you needed to make an informed decision about whether to continue the pregnancy.
Simply put, you have a legal right to claim compensation if you would have made a different decision about your pregnancy if you had received the correct level of medical care.
Specialists You Can Trust
We’ve handled hundreds of complex medical negligence claims — recovering over £105 million for clients in the last five years alone.
In addition to this, we work with leading medical experts to make sure your case is built on the strongest evidence and you receive the maximum compensation possible.
What types of medical negligence leading to a wrongful birth can I claim compensation for?
The majority of medical negligence leading to a wrongful birth suffered during pregnancy are caused by a failure to diagnose a serious medical condition during the pregnancy.
This can happen when antenatal testing or screening is not provided, is misinterpreted, or is not communicated correctly. Examples include when medical professionals:
- Fail to carry out or misinterpret mandatory fetal screening tests
- Fail to recognise a birth defect from an ultrasound
- Incorrectly interpret genetic tests
- Fail to offer recommended antenatal screening
- Provide inadequate counselling or understanding of hereditary conditions
- Provide incorrect reassurance about the likelihood of abnormalities
- Provide insufficient prenatal care, including failing to recognise potential risks during pregnancy
- Provide inadequate information regarding options to terminate the pregnancy.
The majority of wrongful birth claims are brought as a result of medical professionals being negligent by failing to identify specific medical conditions.
Accurate identification of either genetic conditions or other conditions could result in the parents choosing to terminate the pregnancy. The most common types of conditions missed include:
- Down syndrome
- Cystic fibrosis
- Spina Bifida
- Brain malformations
- Huntington’s disease
- Sickle cell disease
- Turner Syndrome
- Cardiovascular and heart conditions
What types of medical negligence leading to a wrongful conception or pregnancy can I claim compensation for?
Wrongful conception or pregnancy claims can be brought when medical negligence has led to a failure procedure. Such examples may include:
- Errors made in performing sterilisations or vasectomies
- Errors made in performing a termination
- Inadequate monitoring of the mother following termination
- Failure to carry out or adequately advise follow-up semen analysis
- Inaccurate advice that contraception is no longer required
- Failure to identify continuing fertility after sterilisation
Who can I bring a wrongful birth claim against?
You can bring a wrongful birth claim against any medical professional or organisation responsible for the negligent care, including:
- NHS hospitals and NHS Trusts
- GPs and practice nurses
- Private clinics or hospitals
- Fertility centres and family planning clinics
- Genetics clinics and counsellors
How much compensation can I claim for a wrongful birth?
Compensation amounts for a wrongful birth claim will depend on the nature of the negligence, whether the child is healthy or disabled, and the financial and emotional impact on your family. Depending on the circumstances of the claim, compensation amounts can range from a few thousand pounds to millions.
For a healthy child, compensation amounts are limited to the specific losses you may have incurred during the pregnancy.
However, if the child is born with a disability, compensation amounts can be much higher, as compensation will be considered for both loss of earnings and additional costs associated with the disability, including medical expenses, lifelong care needs, therapy, education support and specialist equipment.
As each wrongful birth claim is unique, it isn’t easy to estimate the value of your claim without knowing the specifics of your case. Our experienced medical negligence solicitors will be able to advise you more clearly on what your claim might be worth during an initial consultation about your claim.
How is compensation calculated for a wrongful birth?
Compensation amounts for wrongful birth caused by medical negligence are calculated by combining the compensation you may be legally entitled to for both general and special damages.
General damages amounts relate to the pain and suffering you may have experienced, while special damages relate to the effects the injuries may have on your life.
General damages
The amount of compensation you may receive for general damages may relate to the level of pain, suffering and loss of amenity, sometimes known as PLSA.
The Judicial College Guidelines from the Ministry of Justice provide guidance on the amount of compensation you can claim for general damages.
General damages for wrongful birth claims may include the following:
- Pain and discomfort associated with the pregnancy and childbirth
- Psychological distress
- Loss of amenity (impact on day-to-day life)
Special damages
In addition to the amount you can claim for general damages, you can claim for any reasonable financial losses or “out-of-pocket” expenses directly related to the negligent treatment you may have incurred.
Special damages are particularly significant in relation to wrongful birth claims if there is a need for ongoing medical support, such as when the child may be disabled or have learning difficulties.
Special damages for a wrongful birth may include:
- Any loss of income or pension
- Any costs associated with rehabilitation or ongoing medical treatment
- Any costs related to adaptations you may need to make to your home
- Any costs relating to specialist equipment needed
- Any costs for the care you may have or will need to receive, even if a family member or friend provides this care
- Any out-of-pocket expenses, including transport costs.
What you can not claim for
There have been several cases that have helped define the law regarding wrongful birth. It has been established in McFarlane v Tayside Health Board, and reaffirmed in later decisions, including Parkinson, Rees, and the Supreme Court’s ruling in Khan v Meadows, that you are not legally entitled to claim for the costs of raising a healthy child.
What is the time limit for making a wrongful birth claim?
You have up to three years to start a wrongful birth compensation claim. The three-year period is established by the Limitation Act 1980.
You will have up to three years to start your claim from
- The date of the child’s birth
- The date you first realised negligence may have occurred
Can I make a no win no fee claim for wrongful birth?
Yes, you can make a no win no fee claim for wrongful birth caused by medical negligence. Our medical negligence solicitors provide our legal services on a no win no fee basis, which means you can claim with the peace of mind that you are at no financial risk if your claim is unsuccessful.
No win no fee agreements are also known as Conditional Fee Agreements (CFA). When a no win no fee agreement is set up, your solicitor will take an insurance policy out on your behalf. The policy protects you against any costs incurred relating to your claim. These costs could include legal fees, medical reports, court costs, and other expenses.
Our specialist legal team can explain how a no win no fee claim works during your free, initial consultation with us, making you fully aware of your position at every stage of the claim process.
What do I need to prove when making a wrongful birth claim?
To be successful in your wrongful birth claim, you will need to prove that the standard of care you received fell below the reasonably expected acceptable standards and that the healthcare professional was negligent.
To do this, our medical negligence solicitors will examine three key areas relating to the medical care you received during your pregnancy.
Duty of care
All healthcare professionals are legally required to provide a “reasonable” level of care to their patients. The first step is to discover if the level of care you received fell below the accepted standard. This is known as a “breach of duty.”
Causation
Proving that the actions of the healthcare professional were directly linked to the outcome. With regards to wrongful birth, establishing the link between the negligent care and the decision made regarding the pregnancy.
Damages
Providing evidence that the negligence has negatively affected anyone directly impacted by the negligence.
Recent successful claims
£27m for child left blind with cerebral palsy at birth
Oscar’s family secured £27m after delayed response to placental abruption caused lifelong brain injury.
£2.8m for missed tumour in x-rays 6 years before diagnosis
Mrs K received £2.8m after a cancerous tumour was visible in x-rays years before diagnosis confirmed.
£950,000 for brain damage from untreated hydrocephalus
Jack received £950,000 after shunts weren’t removed, causing severe brain damage and memory loss.
What evidence do I need for a wrongful birth claim?
While discussing your claim with our specialist solicitors, we will ask for information you can provide to support your case.
Don’t worry if you don’t have all of this information. Our experienced solicitors can collect this information on your behalf.
Such information may include, but isn’t limited to:
Your medical records
We will build a comprehensive file including all records of treatment you received. This may include GP records, documentation of all antenatal appointments, scans, ultrasound images, genetic screening reports, blood test results and associated correspondence.
Your experience
The more information you can provide, the better we can advise you of your rights and build the most compelling case on your behalf. Typically, such information includes a timeline of your medical appointments, your experiences, and the impact of the care you received.
Can I make a wrongful birth claim on behalf of someone else?
Yes, you can make a claim for wrongful birth on behalf of someone else.
Examples include claiming on behalf of someone with diminished mental capacity and on behalf of a child. With wrongful birth claims, it is sometimes misunderstood that the claim is brought on behalf of a child, especially if they have been impacted.
However, the claim is brought on behalf of the person who received the negligent care.
How long does a wrongful birth compensation claim take?
The timeframe for a wrongful birth claim will depend on the complexity of the case.
The length of time a claim may take will depend on how quickly liability can be established and how quickly a compensation amount can be agreed.
Our specialist medical negligence solicitors will be able to advise how long your claim may take once they start to understand the specifics of your claim.
How much will it cost to make a wrongful birth claim?
Our wrongful birth medical negligence claims are provided on a no win no fee basis. This means you are protected from paying a fee if your claim is unsuccessful.
For successful claims, a percentage of your compensation is typically paid to your solicitor for their legal services. We will explain the exact nature of what fees may be charged once you contact us to discuss your claim.
Why choose us
£105m recovered in 5 years
40+ years specialist experience
No upfront fees, maximum results
Why choose Wolferstans to represent you for your wrongful birth claim?
Our team of dedicated specialist medical negligence solicitors has decades of experience helping clients claim compensation even in the most challenging circumstances.
With a proven track record of successful claims, often achieved without the need for you to attend court, we can make claiming medical negligence compensation as simple and effective as possible.
Wolferstans is Lexcel accredited, reflecting the excellence of our practice management and client care. We are also accredited by the Law Society for Clinical Negligence in recognition of the particular strength of our work in this area.
Our team includes members of a wide range of organisations related to their specific expertise in the area of medical negligence, including
Headway – the brain injury association
The Spinal Injuries Association
The Brain Injury Group
APIL (Association of Personal Injury Lawyers)
AvMA (Association Against Medical Accidents)
Specific team members have been accredited by the Law Society, AvMA, and APIL as Clinical Negligence Specialists and by APIL as Brain Injury Specialists.
Our accreditations and awards
