Wrongful Birth is the label that Courts have given to cases where a child would not have been born but for negligent medical treatment.
There are a number a ways that a wrongful birth may occur:
- Failed sterilisation
- Failed contraception
- Failed vasectomy
- Where parents are not told that the child is likely to have a disability
In any wrongful birth case where the child is healthy, the parents will typically be compensated for the loss of the right to limit the size of their family and the pain and trauma of birth. Typically, awards recovered are £10,000 - £15,000, however, this can go further if the mother develops an injury arising from birth including post-natal depression, or if there are any special circumstances affecting the family.
Compensation in respect of the cost of looking after a child will only be recoverable where the child is born with a disability. Depending upon the severity of the disability, it is not unusual to attract damages of more than £1,000,000 for this type of claim.