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.