Experts in

Wrongful Birth Claims

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No win, no fee wrongful birth compensation

No win, no fee

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.

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What is wrongful birth?

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.

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Wrongful birth claims specialists

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 medical negligence 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.

 

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Client stories

Client stories

Ensuring you get the medical negligence compensation you deserve

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zahra concept medical negligence birth trauma inquiry feature image

Parliamentary Inquiry: Zahra’s Birth Trauma Experience

Zahra was one of more than 20 clients of Hudgell Solicitors to submit a statement to the Parliamentary Birth Trauma Inquiry, describing her own experience, and the impact it had on her. Zahra said: I experienced a prolonged labour and should have had an emergency caesarean section to deliver my baby. Due to prolonged deceleration of […]

beata bawolska concept medical negligence birth trauma inquiry feature image

Parliamentary Inquiry: Beata’s Birth Trauma Experience

Beata was one of more than 20 clients of Hudgell Solicitors to submit a statement to the Parliamentary Birth Trauma Inquiry, describing her own experience, and the impact it had on her. Beata said: I lost my baby at full term despite having been to the hospital on many occasions with concerns due to continuing, […]

gp with woman medical negligence gp negligence feature image

Unexpected pregnancy challenged after doctors fail to share results with young woman

Hudgell Solicitors’ specialist medical negligence lawyers have secured £28,000 for a young woman who was not told she was pregnant even though doctors had results confirming she was. Our client, who was in her early 20s at the time, had attended a routine contraceptive pill review at a local GP surgery in Barnsley, South Yorkshire, […]

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Baby died after ‘over-optimistic’ maternity staff ‘made decisions without assessing patient’ or knowing history

A baby boy was stillborn after ‘over-optimistic’ midwives managed a mother’s labour ‘without actually assessing the patient’ and not having her full medical history to hand. Maternity staff at the Diana, Princess of Wales Hospital in Grimsby, North Lincolnshire, failed to treat Stephanie Broadley’s labour as ‘high-risk’ as staff suffered ‘task blindness’ having read earlier […]

How to make a wrongful birth claim

How to make a claim

Make a claim in six easy steps

Step 1

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.

Start my claim

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Step 2

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.

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Step 3

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.

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Step 4

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.

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Step 5

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.

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Step 6

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.

Start my claim

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Start your claim today

Feel free to give us a call or begin your claim online

Alternatively, call us now on 01482787771

Our client reviews

Our client reviews

We’re always committed to getting the optimum outcome for you.

Hudgells have handled my claim brilliantly. From start to finish their solicitors have been professional and efficient. Great communication. Would highly recommend.
5 Stars
Megan
Fantastic service. Rang based on an enquiry for advice relating to an on-going legal situation and received excellent clear advice and would definitely recommend this firm.
5 Stars
Peter
Since Elizabeth Maliakal took over my case for medical negligence. I am pleased to say her service was outstanding. Her communication was excellent. She was always up to date and made sure to keep in touch with me regularly. Elizabeth made sure I understood what was happening and always answered my questions in depth. Coming from a foreign background, I struggle to articulate my thoughts and feelings because of the language barrier, but Elizabeth worked her way around this. I am grateful for all her hard work. Thank you to Elizabeth Maliakal and Hudgell Solicitors.
5 Stars
Darrel Fuentebaja
Thank you to Hudgell Solicitors particularly Sarah Moore who was assigned to my case. I was kept well informed throughout the whole process via email and phone, and always received a prompt reply to any questions that I had. It took a long time for my case to come to close for various reasons but never during this time did I feel rushed or pressured into making a decision. Sarah was very empathetic and supported me throughout with her excellent level of knowledge and professionalism. Thank you again.
5 Stars
Laura
Chris Trousdale was the one of the youngest miscarriages of justice victims as a result of the Post Office Horizon scandal.
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Reviews

FAQs

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.

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Alternatively, call us now on 01482787771

Meet our wrongful birth lawyers

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hudgell solicitors medical negligence solicitor samantha darwin

Wrongful Births

The term wrongful birth is used when babies are born with injuries or disabilities which medical professionals should have detected during pregnancy. A failure to inform mothers/parents denies them the opportunity to take a very difficult decision as to whether to continue with the pregnancy. Listen to Samantha Darwin, a senior medical negligence solicitor, explain […]

Get in touch

Feel free to give us a call or begin your claim online

Alternatively, call us now on 01482787771

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Wrongful Birth

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