Wrongful birth claims

‘Wrongful birth’ a legal term used to describe when a mother completes an unwanted pregnancy because of negligent medical advice. It is a particularly difficult situation for parents and can bring a lot of conflicting feelings. 

Babies can develop serious abnormalities in the womb. An abnormality may profoundly affect the baby’s quality of life. Many serious abnormalities can be detected during routine tests, and doctors should explain the possible risks. In such a difficult situation, parents might make the incredibly hard decision to end the pregnancy.

To bring a wrongful birth case, it has to be clear that the parents would have terminated the pregnancy if they had been correctly informed about their baby’s condition. There are typically two situations which can lead to a wrongful birth case:

Failure to warn of an abnormal development during pregnancy

Serious abnormalities should be detected during antenatal care. In England and Wales, all pregnant women should be offered tests early enough so that a termination is a safe option if that’s what she wants. If your baby was born with a serious condition because your care provider failed to test for or identify a problem during your pregnancy, you might have a claim for wrongful birth.

There are a range of tests during pregnancy, the most significant of which is normally the mother’s 20-week ultrasound scan. If the doctor or midwife suspects there may be a problem, further tests should be offered.

Failure to explain  the risk of passing on a genetic condition

If a baby is particularly at risk of suffering a severe genetic condition, doctors should explain the potential risks to the parents. For example, if there is a family history of a particular genetic condition, appropriate tests may be carried out to establish the baby's chance of being born with a serious condition.

Our experience in wrongful birth claims

Wrongful birth can be very overwhelming for parents. A claim is about securing the best care and quality of life for your child and your family. 

Our leading birth injury claims solicitors have a great deal of experience helping parents through complex wrongful birth cases. We understand the practical, emotional and financial implications of raising a child with a serious condition.

A successful claim can provide:

• financial security for your child’s future and adult life
• funding for current care requirements 
• care for your child in your old age or following your death
• compensation for your loss of earnings
• compensation for your pain and suffering
• therapy and support to help you process the situation
• closure about what happened during your pregnancy and care, and even an apology from those responsible for your care.

Support for parents and children affected by wrongful birth

If your birth injury claim is successful, you will receive a compensation award.

Part of the award will include an amount to cover your pain and suffering for completing an unwanted pregnancy. The compensation is also there to make life easier, financially and practically, and ensure your child has as good a quality of life as possible. Part of the award may include a care package for life, including financial provision for your child’s care needs for the rest of their life.

Expert, local medical negligence solicitors

Tees is a top-tier Legal 500 Medical Negligence firm.  We are one of the region's longest-standing and most highly respected claimant medical negligence practices, and we work with only the best independent medical experts.

All of our Team are members of the Association of Personal Injury Lawyers (APIL), and a number of our solicitors sit on specialist panels for the Law Society and AvMA (Action Against Medical Accidents). We are also a member of Headway (the brain injury association), listed on their Head Injury Solicitors List, and approved by UK ABIF (the UK Brain Injury Forum).

Tees has offices across East Anglia, and due to our expertise and the specialised nature of medical negligence claims, we regularly represent clients from across the country.

No Win, No Fee birth injury claims

There are funding options available to help cover the cost of legal advice. The first is public funding – legal aid – which can cover all or some of your legal costs. Legal aid is normally only available in cases where a child has suffered a brain injury before, during or just after birth. It may be available if you are making a cerebral palsy claim on behalf of your child.  

Alternatively, we may offer a conditional fee agreement (also known as a ‘No Win, No Fee Agreement’) and insurance in certain situations. It means you can pursue the case without having to worry about paying any legal costs, and if the case is not successful, there is nothing to pay.  If you win the case, most of the costs will be paid by the Defendant

We will explain the options available after your free initial assessment.

Free initial assessment for a birth injury claim

One of our leading medical negligence solicitors will assess your case free of charge. A solicitor has the expertise and experience to listen to what’s happened and can advise whether you have a claim.

How to start your birth injury claim

We’re here to listen and help you get the best for your child. Our medical negligence solicitors know just how devastating a birth injury can be, and we’re here to help you get the best result possible – including financial compensation, support and an explanation about what happened during your care.

Call our Medical Negligence solicitors on 0800 0131165

For a free, confidential, no-obligation chat, fill out our enquiry form, and we will let you know how we can help.