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LEGAL ADVICE FROM EXPERTS WHO CARE

Experts in Claims
for Wrongful Birth

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What is a Wrongful
Birth claim?

A wrongful birth is a legal term used to describe when a baby would not have been born, had it not been for negligent medical care. It is a claim that is brought by a parent of the child, often the mother, and it is one based upon not being properly informed so as to make an informed decision regarding proceeding with the pregnancy.

An example of wrongful birth could be when a medical professional neglects to inform the parents of their unborn child’s disability. Conditions such as spina bifida, club feet, holes in the heart, and Down’s syndrome have lifelong impacts on a child and can have significant effects on their quality of life. Therefore, the parents may have chosen to end the pregnancy if they had been informed of the child’s condition.

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    In what instances may a
    wrongful birth occur?

    A wrongful birth may occur, in respect of a specific disability, if:

    • Your child is born with a medical condition or disability which was detectible during the pregnancy;
    • The medical condition or disability is such that termination of the pregnancy could have been offered by medical professions;
    • The pregnancy would have been terminated.
    • In respect of failed sterilisation, if there was an error during the sterilisation or vasectomy, which resulted in it being ineffective, a wrongful birth may occur

    Types of wrongful
    birth claims

    Wrongful birth is a challenging and complex matter and a misconception is that, by bringing a wrongful birth claim, you are saying that the child is unwanted. This is far from the case; it is instead the fact that you were deprived of the ability to make an informed decision as to whether to proceed with a pregnancy, bearing in mind the presence of disabilities and the complex needs as a result of the same, or bearing in mind the right to choose whether or not to have children.

    • Failure to warn about a specific disability which was detectible during the pregnancy and was such that termination would be offered, such as:
      • Brain development defects, such as a agenesis of the corpus callosum (ACC)
      • Heart defects, such as atrio-ventricular septal defect (AVSD)
      • Spina Bifida
      • Downs syndrome
      • Cystic fibrosis
      • Genetic abnormalities
    • Failed sterilisation or vasectomy, resulted in an unintended pregnancy and birth

    Making a wrongful
    birth claim

    We can discuss your case with a free initial consultation to understand your concerns, which may include taking forward your claim on a ‘NO WIN NO FEE’ basis.

    We work on a conditional fee basis, ensuring you don’t have to worry about legal costs if your claim is unsuccessful.

    Our specialist team can support you with bringing a claim and if we can secure early compensation payments, known as interim payments, we can help with arranging rehabilitation and care, above and beyond that which is available on the NHS.

    We are also able to fund certain claims for injuries suffered at birth by way of legal aid. We will discuss your funding options with you to help with figuring out the best way to fund the claim.

    We are specialist at
    Wrongful Birth

    Our team specialises in Wrongful Birth cases. We provide expert advice and support to help you navigate this difficult time. Our dedication to delivering personalised care means you’ll feel valued and supported throughout your claim process.

    Our solicitors have extensive experience in handling complex Wrongful Birth claims. We treat you as a person, not just a case number, ensuring you receive compassionate and dedicated support. Based in the heart of Hull, we combine a commercial mindset with hands-on, straight-talking legal expertise to add value to your case.

    We believe in making the claims process as straightforward as possible. Here’s how you can start your Wrongful Birth claim in just seven easy steps:

    1. INITIAL CONSULTATION:
    Contact us to schedule a free initial consultation.
    2. CASE ASSESSMENT:
    Our solicitors will assess the merits of your case.
    3. DOCUMENTATION:
    Gather necessary medical records and evidence.
    4. CLAIM PREPARATION:
    We prepare and file your claim.
    5. NEGOTIATION:
    Engage in settlement discussions with the responsible parties.
    6. LITIGATION:
    If needed, we represent you in court.
    7. RESOLUTION:
    Secure the best possible outcome for your claim.

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    Wayne Walker

    HEAD OF COMPENSATION
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