No win, no fee wrongful birth compensation
You can be represented by a highly-experienced lawyer at no upfront cost to you. Under our No Win No Fee agreement you only pay a pre-agreed percentage of the compensation awarded if your case is successful.
What is wrongful birth?
The term wrongful birth is used in situations where babies are born with injuries or disabilities which doctors should have detected during pregnancy and informed the mother/parents of at the time.
A failure to inform mothers/parents of the expected injuries or disabilities denies them the opportunity to take a very difficult decision as to whether to continue with the pregnancy, or to elect to have a termination.
In our experience there are several disabilities which can be commonly missed or overlooked when mothers are having their routine scans during pregnancy, which are usually conducted at around 12 and 20 weeks. These can include Down’s syndrome, heart defects, limb defects and spina bifida.
Doctors should be aware of any investigate any potential genetic issues, based on family medical histories, and inform mothers/parents of potential harm or illness their baby may be born with.
Wrongful birth claims specialists
At Hudgell Solicitors we have a team of experienced medical negligence solicitors who have years of experience in supporting mothers/parents in pursing compensation for a wrongful birth claim.
Such cases are obviously highly sensitive and emotive, and we know making a wrongful birth compensation claim is often something which sits uncomfortably with parents, given their unconditional love for their child.
However, for some, the prospect of having a child born with serious injuries, or facing lifelong health difficulties, would be considered potentially too much of a hardship and strain, leading them to taking the decision not to proceed with the pregnancy if fully informed.
Making a claim to help your family cope with the extra pressures and demands of raising an injured or disabled baby is not something anybody should feel is wrong. It is the reality of being left in a vulnerable situation where extra help and support is needed to raise a baby in the best possible way.
Compensation for mother who suffered infection as part of placenta was left inside her after birth
A Lincolnshire woman who suffered continued bleeding and an infection when a piece of placenta was left inside her after giving birth says she raised concerns which were ‘ignored’ by midwives. The 30-year-old mother, who lives near Gainsborough, says she told midwives that she felt something was wrong at the time, but was discharged from […]
How to make a wrongful birth claim
Make a claim in six easy steps
Free Initial Advice
Call us, request a callback or complete our online claim form and we will assess whether we think you have a claim.
Funding
We will help you to decide how best to fund your claim. Usually, we will be able to offer you a No win, No fee agreement.
Obtain Medical Records & Medical Reports
We will request copies of your medical records and instruct appropriate medical experts to prepare reports confirming whether your care was negligent and how this caused you injury.
Letter Of Claim
We will send a letter to your healthcare provider with details of your claim, setting out why we think your case was negligent and how this caused you injury.
Prepare Claim Valuation
We will put together a schedule of loss setting out the losses you have incurred and the extent of the injuries you have sustained.
Negotiate Settlement
We will send all the evidence to your opponent inviting their settlement proposals. If we cannot agree a reasonable settlement, we will prepare court proceedings.
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FAQs
Choosing a wrongful birth compensation solicitor
The process involves obtaining copies of the mother’s medical records, together with those of the child at the centre of the claim.
We will need to take relevant information from the mother and parents about why they would have taken the difficult decision to have a termination, had they been properly advised about all of the circumstances of the pregnancy.
Input will also be required from independent medical experts on both the standard of medical care received and the impact of that care.
Our legal team will take care of all of these requirements, whilst handling your case with complete confidentiality and sensitivity.
How we help you claim compensation
Investigating possible wrongful birth compensation claims involves obtaining copies of the mother’s medical records, together with those of the child at the centre of the claim.
Our wrongful birth lawyers will need to take information from the mother and parents about why they would have taken the difficult decision to have a termination, had they been properly advised about all of the circumstances of the pregnancy.
Input will also be required from independent medical experts on both the standard of medical care received and the impact of that care.
Our legal team will take care of all of these requirements, whilst handling your case with complete confidentiality and sensitivity.
How will the amount of compensation be decided?
Compensation can vary depending on several factors, not least being the severity of the child’s disabilities and their specific needs growing up, such as suitable accommodation, equipment and often life-long care.
In cases of severe disability, our legal support is essential as, should it be proved that doctors were negligent in not informing the mother and parents during pregnancy, claims could run into the value of millions of pounds.
When a wrongful birth claim is pursued, compensation can be claimed for;
- The pregnancy and childbirth itself.
- Expenses and losses associated with the pregnancy (maternity clothes / loss of earnings).
- The additional costs of raising a child with a disability (compared to raising a child with no disability).
- The loss of right to limit the size of your family.
In successful wrongful birth cases, the compensation that is awarded is not the child’s money. Instead, some elements of the compensation will be paid to the mother only (for example, in relation to having to undergo the delivery of the child).
Other elements of the compensation will be paid to the mother, and mother and father.
What is the law in relation to the abortion of babies likely to be born with serious disabilities?
Under current abortion laws, mothers/parents in England, Scotland and Wales can take the decision to terminate pregnancies where there is severe foetal abnormality – meaning a substantial risk that the child, if born, would suffer physical or mental abnormalities that would result in serious disability, until birth.
Speak to one of our advisors
Meet our wrongful birth lawyers
Local lawyers at the heart of your community
Vince Shore
Chris Moore
Maria Repanos
Samantha Darwin
Advice
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Almost 80 per cent of all child disabilities are detected by their parents; seeing their children every day they are naturally best placed to detect intellectual and developmental delays. Asking questions and seeking expert advice over such concerns can lead to an early diagnosis of conditions such as cerebral palsy. Importantly, it can also secure […]
Serious Incident Reports (SIRs) and what parents can expect following baby loss
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