If you believe you have a wrongful birth claim due to possible medical negligence, speak to our specialist wrongful birth claims solicitors today. Call 0800 086 2929, email info@elitelawsolicitors.co.uk or complete our Free Online Enquiry Form to book a free initial consultation and find out if you can make a No Win No Fee claim.
Wrongful birth claims can arise where negligent medical care during pregnancy, genetic testing, antenatal screening, ultrasound scanning or counselling meant that parents were not given the information they needed to make an informed decision about whether to continue with a pregnancy.
At Elite Law Solicitors, our clinical negligence lawyers provide clear, practical and compassionate advice to parents who believe they were denied that choice. These claims are legally complex, emotionally challenging and often involve careful expert evidence.
Our role is to help you understand whether the care provided fell below the standard expected, whether that caused a legally recognisable loss, and what compensation may be available to support your family’s future needs.
What is a Wrongful Birth Claim?
A wrongful birth claim is a type of clinical negligence claim brought by parents following the birth of a child with a serious disability, congenital condition or genetic disorder where, but for negligent medical advice or treatment, the pregnancy would not have continued. In many cases, the allegation is that healthcare professionals failed to detect, investigate, explain or communicate important information during pregnancy.
These claims do not suggest that a child’s life is without value. Rather, the legal issue is whether parents were deprived of the opportunity to make an informed reproductive choice. Compensation is intended to reflect the additional financial consequences and care needs caused by the negligence, as well as certain losses suffered by the parents.
Wrongful birth claims in England and Wales are usually pursued under the law of clinical negligence. A successful claim generally requires evidence that a healthcare professional owed a duty of care, breached that duty, and that the breach caused loss. This often requires independent expert evidence from obstetricians, sonographers, fetal medicine specialists, geneticists, midwives, paediatric specialists, care experts and financial experts.
To discuss a potential wrongful birth claim with our clinical negligence team, contact us on 0800 086 2929, email info@elitelawsolicitors.co.uk or complete our Free Online Enquiry Form.
When can Wrongful Birth Claims arise?
Wrongful birth claims can arise in a range of pregnancy, antenatal and genetic counselling scenarios. Common examples include failures involving screening tests, ultrasound scans, risk assessments, family history, genetic testing, referrals and communication of results.
Failure to Detect a Fetal Abnormality on Scan
Routine ultrasound scans are an important part of antenatal care. Where a scan is performed negligently, a serious structural abnormality may be missed. Depending on the facts, wrongful birth compensation claims may arise where there was a failure to identify or properly investigate conditions such as spina bifida, significant heart defects, limb abnormalities, brain malformations or other major congenital anomalies.
Failure to Arrange or Interpret Screening Tests
A claim may arise where healthcare professionals failed to offer appropriate antenatal screening, failed to act on abnormal results, misinterpreted test findings or gave incorrect reassurance. This can include screening connected with chromosomal conditions, inherited disorders or other significant fetal conditions.
Failure to Communicate Test Results
Even where appropriate tests are carried out, parents may have a claim if results were not communicated promptly or accurately. A delay in reporting abnormal findings can be particularly significant because pregnancy decisions are time-sensitive and require clear information at the right time.
Failure to Take Account of Family History
Where there is a known family history of a genetic disorder, clinicians may need to take a careful history, consider referral for genetic counselling, arrange appropriate testing or explain the risk of recurrence. A failure to do so may form part of a wrongful birth negligence claim.
Negligent Genetic Counselling
Parents may rely on specialist advice when deciding whether to conceive, continue a pregnancy or undergo further testing. If genetic counselling is inaccurate, incomplete or misleading, and that advice affects reproductive decision-making, a claim may be possible.
Failed Sterilisation or Failed Vasectomy Claims
Some cases described as wrongful birth or wrongful conception claims involve an unplanned pregnancy following a failed sterilisation, failed vasectomy or failed termination. The recoverable losses in these cases are legally distinct and depend on whether the child is healthy or disabled, the nature of the negligence and the losses claimed.
How do you prove a Wrongful Birth Claim?
Wrongful birth claims are evidence-led. It is not enough to show that a serious condition was present during pregnancy or that the outcome was distressing. The legal question is whether the standard of medical care fell below what was reasonably expected and whether that failure made a difference to the parents’ decision-making.
Duty of Care
Hospitals, doctors, midwives, sonographers, genetic counsellors and other healthcare professionals generally owe patients a duty to provide care that meets a reasonable professional standard. This applies within NHS and private healthcare settings.
Breach of Duty
A breach of duty occurs where the care, advice or treatment provided fell below the standard expected of a reasonably competent professional in that field. In clinical negligence claims, this is usually assessed with reference to expert medical evidence and established legal principles, including the Bolam and Bolitho tests. In broad terms, the court considers whether the care would be supported by a responsible body of medical opinion and whether that opinion withstands logical analysis.
Causation
Causation is often the most sensitive and contested issue in wrongful birth claims. Parents usually need to show that, if they had been properly informed, they would have made a different decision. In many cases this means showing that they would have chosen to terminate the pregnancy had they known the true position.
The court will consider the medical evidence, what information should have been provided, the timing of that information, the parents’ circumstances and what decision would probably have been made. These matters need to be approached carefully, respectfully and with strong evidential preparation.
Informed Consent and Patient Choice
Modern clinical practice recognises that patients must be given clear information about material risks and reasonable options so that they can make informed decisions. The Supreme Court decision in Montgomery v Lanarkshire Health Board confirmed that clinicians must take reasonable care to ensure patients are aware of material risks and reasonable alternatives. In wrongful birth claims, this principle is often highly relevant because parents may argue that they were not given adequate information about screening results, diagnosis, prognosis or available choices.
What compensation can be claimed in Wrongful Birth Claims?
The purpose of compensation is to put the claimant, so far as money can, in the position they would have been in had the negligence not occurred. In wrongful birth claims, the recoverable compensation depends on the specific facts, the nature of the child’s condition and the losses caused by the negligent care.
Additional Costs of Raising a Disabled Child
Where negligence resulted in the birth of a child with disabilities or additional needs, compensation may include the additional costs associated with those needs. This can include care, therapies, specialist equipment, adaptations, transport, educational support and future professional assistance.
Medical Treatment, Therapy and Rehabilitation
Some children require ongoing medical treatment, physiotherapy, occupational therapy, speech and language therapy, psychological support, specialist assessments or private treatment not readily available within a suitable timeframe. These needs may be included in the claim where supported by expert evidence.
Loss of Earnings and Pension Loss
A parent may need to reduce hours, change career, stop working or take extended time away from employment to provide care. Where this is caused by the additional needs arising from the negligence, the claim may include past and future loss of earnings, pension loss and associated financial consequences.
Accommodation and Adaptations
In more serious cases, a child may need accessible accommodation, adaptations to the family home, specialist bathroom facilities, bedroom alterations, ramps, widened doorways, sensory adaptations or equipment storage. These issues normally require expert accommodation and care evidence.
General Damages and Psychological Harm
Parents may be able to claim for recognised psychiatric injury, pain, suffering and loss of amenity where supported by medical evidence. The availability and value of these claims depends on the facts and the medical impact of the negligence.
Future Needs and Periodical Payments
Some wrongful birth compensation claims include substantial future losses. In appropriate cases, settlement may involve a lump sum, periodical payments or a combination of both. The structure of settlement should be considered carefully so that long-term care and financial security are properly addressed.
What is the difference between Wrongful Birth, Wrongful Conception and Birth Injury Claims?
These terms are sometimes used together, but they describe different types of claim. A wrongful birth claim usually concerns a failure to detect, diagnose or advise about a serious fetal condition, resulting in the birth of a child where the parents say they would have chosen termination. A wrongful conception claim usually concerns an unplanned pregnancy following negligent contraception, sterilisation or vasectomy advice or treatment. A birth injury claim usually concerns harm caused to a baby or mother during pregnancy, labour or delivery.
The distinction matters because the legal principles, evidence and recoverable compensation may differ. Our clinical negligence lawyers can help identify the correct legal route and explain what evidence is needed.
Time limits for Wrongful Birth Claims
In England and Wales, most clinical negligence claims must be started within three years of the date of negligence or the date when the claimant first had knowledge that negligence may have caused injury or loss. This is known as the limitation period.
Time limits can be complex in wrongful birth claims because parents may not immediately know that antenatal care was negligent. For example, the relevant information may only become clear after medical records are reviewed, a diagnosis is confirmed or concerns are raised by another clinician. It is sensible to seek legal advice as soon as possible so that limitation can be assessed and evidence preserved.
If you are unsure whether you are still in time, contact Elite Law Solicitors on 0800 086 2929, email info@elitelawsolicitors.co.uk or complete our Free Online Enquiry Form.
What evidence is needed for a Wrongful Birth Claim?
The evidence needed will depend on the facts, but common documents include maternity records, ultrasound scan reports and images, screening results, blood test reports, genetic test reports, referral notes, clinic letters, counselling notes, hospital policies and witness evidence from the parents.
It may also be necessary to obtain expert medical evidence on whether the standard of care was reasonable, whether an abnormality should have been identified, whether further testing should have been offered and what information should have been communicated. Separate evidence may be required from care, occupational therapy, accommodation, education and financial experts when valuing future losses.
How long do Wrongful Birth Claims take?
The timescale depends on complexity, the number of experts required, whether the defendant admits liability and the extent of the child’s needs. Some cases resolve through negotiation, while others require formal court proceedings. Complex claims involving lifelong care and accommodation needs can take longer because it is important to assess future provision properly.
Although speed matters, careful preparation is often more important than rushing the process. A claim that is under-investigated or undervalued may not provide adequate long-term support.
Funding a Wrongful Birth Claim
Funding options will depend on your circumstances and the merits of the case. In many clinical negligence matters, solicitors may consider a conditional fee agreement, often known as a no win, no fee arrangement. Legal expenses insurance may also be relevant if you have cover attached to a home insurance policy or another insurance product.
We will explain funding clearly before you decide whether to proceed. You can contact us by calling 0800 086 2929, emailing info@elitelawsolicitors.co.uk or completing our Free Online Enquiry Form to request an initial discussion.
Why choose Elite Law Solicitors for Wrongful Birth Claims?
Wrongful birth claims require careful legal analysis, sensitive client care and a clear understanding of clinical negligence evidence. At Elite Law Solicitors, our clinical negligence solicitors can review the antenatal care provided, obtain the relevant medical records, identify whether independent expert evidence is needed and explain the strengths and risks of bringing a claim.
We have received over 1600 reviews on ReviewSolicitors, helping prospective clients assess the quality of service and client experience before making contact.
Speak to a Wrongful Birth Claims Solicitor
Dino Enahoro is a specialist clinical negligence lawyer at Elite Law Solicitors and supports clients with complex medical negligence matters, including claims involving pregnancy care, diagnosis, screening and informed choice. Dino’s advice is practical, evidence-led and focused on helping families understand their legal options and future support needs.
If you believe antenatal negligence, genetic counselling errors, a missed fetal abnormality or negligent communication of test results affected your pregnancy decisions, early legal advice can help you understand your options. We will treat your enquiry sensitively and provide clear guidance on the next steps.
Contact Elite Law Solicitors today by calling 0800 086 2929, emailing info@elitelawsolicitors.co.uk or completing our Free Online Enquiry Form.
Frequently Asked Questions About Wrongful Birth Claims
Can I bring a wrongful birth claim if my child was born with a disability that should have been detected during pregnancy?
You may be able to bring a claim if negligent antenatal care meant that a disability, congenital condition or genetic disorder was not detected, investigated or communicated, and you can show that proper care would probably have led you to make a different decision about the pregnancy. Each case depends on the medical evidence and the circumstances at the time.
Do wrongful birth claims mean I am blaming my child?
No. A wrongful birth claim is not about blaming the child or suggesting that the child is not valued. The claim concerns whether negligent medical care deprived parents of informed choice and caused additional financial and practical consequences. Many parents bring claims to secure care, treatment and support for their child’s needs.
What conditions can lead to wrongful birth compensation claims?
Claims may involve serious chromosomal, genetic, neurological, structural or congenital conditions where there was a negligent failure to identify, investigate, explain or communicate the risk or diagnosis. Examples may include significant heart defects, spina bifida, serious brain abnormalities, inherited genetic disorders or chromosomal conditions, depending on the facts and medical evidence.
Can I claim if the NHS provided the treatment?
Yes. Claims can be brought against NHS Trusts where negligent NHS care caused legally recoverable loss. NHS Resolution usually handles clinical negligence claims against NHS bodies in England. Claims may also arise from private healthcare providers depending on where the negligent care occurred.
How much compensation could a wrongful birth claim be worth?
The value depends on the child’s additional needs, the parents’ losses and the evidence. Compensation may include care, therapies, equipment, accommodation, loss of earnings, future support and other financial losses. High-value claims require detailed expert evidence because future needs must be properly assessed.
Will I have to go to court?
Not always. Many clinical negligence claims settle through negotiation before trial, particularly where strong expert evidence supports liability and valuation. However, court proceedings may be needed if liability is denied, limitation is approaching or settlement cannot be reached. We will explain the process clearly if proceedings become necessary.
How soon should I contact a solicitor?
You should seek advice as soon as you suspect that negligent care may have affected pregnancy decision-making. Early advice helps protect limitation, preserve evidence, obtain medical records and avoid delay. Even if you are unsure whether you have a claim, an initial discussion can help clarify the next steps.
Request a Confidential Initial Discussion
Wrongful birth claims require careful legal analysis and sensitive support. If you would like to speak with a clinical negligence solicitor about your options, contact Elite Law Solicitors today by calling 0800 086 2929, emailing info@elitelawsolicitors.co.uk or completing our Free Online Enquiry Form
