Wrongful Birth Claims

A child’s birth is usually the happiest time of a parent’s life, but what if it’s unexpected? You may be able to make a medical negligence claim.


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What is wrongful birth?

Wrongful birth is when a child is born despite the parents aiming to avoid a pregnancy.

The most common reason for wrongful birth is usually because of a failed sterilisation or vasectomy.

This means that the surgery required to prevent pregnancy hasn’t worked effectively and causes an unplanned pregnancy.

A wrongful birth can also happen because 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.

Why make a wrongful birth claim?

It is important that if medical negligence has taken place, then you should be able to get justice for it.

Gynaecological negligence can cause emotional shock and trauma, as well as financial strains too.

Somebody should be held responsible for the stress they have caused you, and making a claim is a good starting point.

How do I prove a wrongful birth claim?

The first thing you can use as evidence in your wrongful birth claim are medical records.

They can include vital pieces of information, such as the procedures that were carried out on you, any doctors’ notes, and any notes about any issues or worries raised.

Another way of proving wrongful birth is by using an expert witness.

This can be a medical professional who is able to testify that your birth was wrongful, and back up your opinion that a competent doctor would have acted differently.

Our specialist solicitors could help you locate medical records and other evidence, as well as select the right person to be your expert witness.

Is there a time limit for making a wrongful birth claim?

You usually have three years from the time the medical negligence took place to begin the process of starting a claim.

But there can be exceptions in certain cases. If you’re not sure whether you have a claim, our team of claims advisors can help you work that out and decide on the best course of action for you.

We recommend that you get in touch with us at First4Lawyers as soon as you can. This can make it easier to find the necessary evidence and the details will be fresh in your mind.

How will I pay for my stillbirth claim?

We offer a No Win No Fee service, meaning you don’t have to worry about the costs of getting legal help. That’s because you won’t have to pay anything if your claim is unsuccessful.

Your solicitor's success fee will come out of your final compensation amount, so there's nothing to pay upfront.

Only pay a fee if you receive compensation

Our No Win No Fee solicitors will take a success fee from the compensation you are awarded for a successful claim in the form of a percentage of your damages. This could be up to 25% but it won't be more than that, except in cases of road traffic accidents and housing disrepair. Changing laws mean our solicitors will now take a payment of 35% of the final compensation amount plus VAT for all road traffic accident and housing disrepair claims.

First4Lawyers are an award-winning claims management company with a track record of delivering service that our clients love.

How much compensation could I claim?

Medical negligence payouts depend on the severity of your claim.

If our advisors believe you have a claim, then we will match you with a legal expert in the field of medical negligence.

Your specialist solicitor will be able to give you a more accurate figure on how much compensation you could be entitled to.

You can also claim special damages for a medical negligence claim, which covers things like loss of earnings, medical care and even your transport costs to get to medical appointments.

To get an average figure of what you may receive in compensation then you can use our compensation calculator.

I think I have a claim - what should I do next?

If you believe you have a wrongful birth claim, then the best thing to do is to get in touch with our expert advisors at First4Lawyers.

Our advisors will have a no-obligation chat about your situation, and then advise you whether you have a claim.

If we believe you do have a claim, then the next step is to put you in touch with one of our specialist medical negligence solicitors.

They will then begin the process of compiling evidence to fight your case.

How can First4Lawyers help?

When you call us at First4Lawyers, this is the first step in your journey to getting justice.

We will help to take the stress out of your claim and begin collecting all the necessary information and evidence that is needed.

First4Lawyers are committed to getting you the justice you deserve, and work with passionate solicitors who want to get your voice heard and put right the injustice you have suffered.

There is no pressure on you at any time, so you can request a call back or start your claim online.


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