Wrongful Birth Claims

Such claims generally relate either to a failed sterilisation or vasectomy or to a failure to diagnose a disability which had the parents known about, they would have elected to have a termination.

Examples include genetic birth defects such as Cystic Fibrosis and Downs Syndrome or structural birth defects such as a hole in the heart, Cerebral Palsy or Spina Bifida.

What compensation can you claim in wrongful birth claims?

The law in this area has complexities. In relation to a claim for a failed sterilisation or vasectomy, if successful, an award of damages may be obtained to cover some financial losses and pain and distress from the unwanted pregnancy. As matters stand, the law is such that the general rule is that costs associated with bringing up the child are not recoverable unless the child is disabled.

We can advise you fully about the potential losses that can be claimed and if you consider you may have a claim would urge you to seek advice.

Where a claim relates to a failure to identify and warn parents of a birth defect which would have led them to choose a termination, wrongful birth compensation may be claimed to meet the additional needs of the child. The amount of damages will vary depending on the level of disability and associated needs.

These cases can be worth many millions of pounds where, for example, a child has significant requirements for care, therapies, equipment and adapted accommodation.