Wrongful Birth Claims Solicitors

Our wrongful birth claims specialists are here to help

What is a wrongful birth?

These claims are brought by parents who argue that, had they been properly informed or treated, they would have chosen not to proceed with a pregnancy. It is a deeply sensitive and complex area of law, requiring both legal expertise and compassionate handling.

“Wrongful birth” is a legal term used in the UK to describe a situation where a child is born as a result of medical negligence—typically when a healthcare professional fails to diagnose or communicate a serious genetic or congenital condition during pregnancy, or when sterilisation procedures fail.

Common wrongful birth claims

Wrongful birth claims generally arise from two main scenarios:

Failure to diagnose or inform

• Missed or misinterpreted antenatal screening results
• Failure to detect congenital or genetic conditions such as Down’s syndrome, spina bifida, or cystic fibrosis
• Inadequate counselling about risks and options, including termination.

Failed sterilisation or vasectomy

• Surgical errors during sterilisation procedures
• Failure to inform patients about post-operative risks (e.g., pregnancy risk shortly after vasectomy)
• Incomplete procedures leading to unintended conception

What do I have to prove to have a successful wrongful birth claim?

To succeed in a wrongful birth claim, the following must be proven:

• Breach of Duty: The healthcare provider failed to meet the standard of care expected of a competent professional.
• Causation: The negligence directly led to the birth of a child who would not have been born otherwise.
• Decision-making: In cases involving disabilities, it must be shown that the parents would have chosen to terminate the pregnancy if properly informed.

How much compensation would I get for a wrongful birth claim?

This is very complicated because English law does not award compensation for the general costs of raising a healthy child. However, when there is a “Wrongful Birth” claim and the child is born with Disabilities, parents can claim compensation to cover the additional costs of raising a disabled child. Therefore, the sorts of compensation that can be claimed are as follows:

• Medical and care costs
• Specialist equipment and home adaptations
• Loss of earnings due to caring responsibilities
• Emotional distress and psychiatric injury

• Pain, suffering and emotional distress caused by an unwanted pregnancy/birth.
• The costs of the pregnancy, including medical expenses.
• Loss of earnings for time off work due to pregnancy and birth.
• The cost and distress of having to undergo a further sterilisation procedure.