A wrongful birth claim arises from the birth of a child who would not have been born without negligent treatment.
There are 2 distinct types of claim; the first is failed sterilisation or vasectomy. The second concerns parents who are not warned that their child will be born with a specific disability and if they had been warned would have terminated the pregnancy.
Experience has shown that compensation of approximately £5,000 is normally paid to the child’s parents for the physical and emotional pain arising from an unwanted pregnancy and labour. It can be more if the pregnancy or labour was unusually complicated or the mother experienced post-natal depression. In addition financial losses, including loss of earnings, resulting from the unwanted pregnancy can be claimed.