A wrongful birth claim arises out of an unplanned pregnancy, typically as a result of a failed sterilisation or vasectomy procedure, or a failure to diagnose a specific disability the unborn child has.

All wrongful birth claims are incredibly traumatic for the mother and family, which could have been avoided should the medical professional have acted within their duty of care.

A wrongful birth can result in the following repercussions to the baby:

  • Down syndrome

  • Spina bifida

  • Hole in the heart

  • Sickle cell

  • Hemophilia

What are the types of wrongful birth negligence?

There are a variety of reasons a baby may be wrongfully given birth to.

Failure to warn about specific disabilities

Finding out your baby has a birth defect can leave you with a difficult choice as a parent. 

However, whatever happens, you should have the ability to make the informed decision as to whether to proceed with the pregnancy. 

If you were not warned that the child had a specific disability due to a failed diagnosis or a misdiagnosis during pregnancy, you lose that ability to make an informed decision. 

This situation arises where parents have not been warned that a child will be born with a specific disability and, if they had been warned, would have terminated the pregnancy.

Failed sterilisation/vasectomy

You have a wrongful birth claim if you underwent a vasectomy or sterilisation procedure and it failed, resulting in an unplanned pregnancy. 

Your legal claim is for the birth of a child that would not have been conceived.

Making a Wrongful Birth Compensation Claim

If your healthcare professional failed to diagnose a birth defect that should have been easy to identify, leading to further complications (possibly due to faulty medical equipment such as a scanning machine or lack of medical staff training) you may be liable to make a medical negligence compensation claim. 

How can Medical Negligence Solutions support you?

In these types of sensitive situations, our expert medical negligence solicitors will handle your case with care.

We will proactively seek damages for the welfare and healthcare of the child, as well as any further support needed.

Our caring, compassionate team offer over 25 years' experience dealing with these claims so you can rest assured knowing you're in great hands.

If you have any questions regarding your circumstances and a potential medical negligence claim, our legal experts would be happy to assist in any way possible.

We invite you to give us a call on 0300 303 3634 or submit an enquiry form here - we will be in touch as soon as we can.

Frequently asked questions

How will you assess my losses?

We understand how challenging this situation can be and, in these situations, compensation can help to care for your child. This may include a care package for life. It is important that your child has access to the best medical treatment. The compensation can provide financial security for your child’s future and potentially compensate for your loss of earnings. We are here to listen and help you get the best for your child.