What Are Wrongful Birth Claims?
Wrongful birth negligence refers to when a medical professional’s negligence resulted in the birth of a child with disabilities. In this case, the medical professional may have failed to inform parents of the risks, which may have assisted them in making a decision about pregnancy termination.
What is the difference between wrongful birth and wrongful conception?
While wrongful birth refers to the birth of a child with a condition or disability in which parents state that they would have terminated the pregnancy had they been fully informed, a wrongful conception is a pregnancy resulting from negligent medical guidance or procedures, such as a failed vasectomy or sterilisation.
A wrongful birth claim may be brought when parents demand compensation for the birth of a child with disabilities, based on the financial and psychological impact of raising a child with severe, unanticipated health needs.
What are the damages for wrongful birth?
Some of the most common damages for wrongful birth include:
- Pain and suffering: Psychological and emotional pain and distress can be caused to both the parents and the child by the unexpected birth of a child with disabilities or health conditions
- Medical expenses: The cost of medical procedures and treatment associated with the pregnancy, childbirth, and special needs care for the child can be extensive
- Costs of raising the child: You may be able to claim compensation for the costs of raising the child, aside from medical expenses, including education and support services
- Loss of earnings: Parents may have a disrupted work life due to the upbringing of a child with disabilities, resulting in a loss of earnings
- Quality of life: A wrongful birth can significantly alter the parents’ lifestyles, potentially causing a reduction in quality of life
When Can You Bring a Wrongful Birth Claim?
Claiming compensation for wrongful birth negligence can be emotionally and physically challenging. That’s why our expert team of solicitors is with you every step of the way to offer help and advice when making your claim.
Before making a claim, you should be aware of whether you are eligible to do so. You may be able to bring a birth injury claim in the UK if your medical professional:
- Failed to recognise and treat birth complications or defects
- Did not inform you of a condition or disability during pregnancy that may have caused you to terminate the pregnancy
- Offered inadequate prenatal care
- Made errors or delays during delivery
- Caused injuries to you (or your partner) or the baby with medical equipment
If you are unsure whether or not you have a case for wrongful birth or associated birth injuries, please get in touch with us today. A member of our team can assist you in understanding your specific circumstances.
Wrongful Birth Claims Process
Once you know if you are eligible to move forwards in the process, you can submit a claim to us and receive a free consultation to get started. A friendly member of our team will have a conversation with you about:
- Whether you have a valid wrongful birth claim
- The extent of your suffering as a result of wrongful birth negligence
- Any details and documentation we need to move forwards
- How we will manage your wrongful birth claim
- The amount of wrongful birth compensation you may win
- How our Conditional Fee Agreement works
After this consultation, our wrongful birth claim solicitors will begin to gather evidence to support your misdiagnosis case.
We know it can be tricky to know where to begin with the claims process and whether you can claim for negligence, so don’t hesitate to get in contact with a member of our team to discuss your circumstances.
Check out our previous case studies in this area to see how we handle the birth injury claim process:
- £20,000 for Failed Sterilisation and Wrongful Birth
- Almost £7.2m Awarded to Young Girl With Cerebral Palsy
- £280,000 for Severe Injuries During Forceps Delivery
Start a Conversation about Your Wrongful Birth Lawsuit Today
Our expert team of solicitors boasts over three decades of experience dealing with wrongful birth claims in the UK. We strive to do everything we can to achieve fair compensation for the medical negligence our clients have experienced.
If you think you have been affected by damages for wrongful birth, please get in touch with our friendly team of specialist lawyers to start a conversation about your next steps. Most of our medical negligence claims are carried out under conditional fee agreements, so our clients can concentrate on beginning their recovery without worrying about how they will fund a claim. We look forward to assisting you with your wrongful birth lawsuit.
Wrongful Birth Claims FAQs
How much compensation can you claim for a wrongful birth?
The wrongful birth compensation you may be able to receive will depend on your individual case and the extent of your suffering. To get an overview, take a look at our payout guide. We can discuss this in more detail in the initial free consultation.
What are the time limits for making a wrongful birth claim?
There is a three-year claim time limit, beginning on the date when the negligence occurred or from when you first experienced an injury as a result of the treatment you received. We recommend starting your claim for wrongful birth compensation as soon as you can – if you’re unsure whether you can still bring a claim, talk to us today to explore your options.
What are the reasons for wrongful birth negligence?
A medical professional may fail to identify potential complications or inform parents of possible outcomes due to:
- Human error or oversight
- Failure to follow protocols
- Inadequate communication
- Failure to update or review patient history