Skip to main content

Cookies

We use cookies to help provide a better website experience for you, as well as to understand how people use our website and to provide relevant advertising.

By clicking "I agree", you'll be letting us use cookies to improve your website experience. To find out more or to change your cookie preferences, click "Manage Cookies".

We value your privacy

Like many other websites, our website uses cookies. Cookies are small files placed on your computer when you visit our site. They serve a number of purposes, including ensuring that certain parts of the website work properly, allowing us to understand which areas of our website are the most popular and allowing us to provide more relevant advertising messages. They don't allow us to identify you specifically and no personal data is gathered about you.

If you'd prefer that cookies weren't placed on your computer when you visit our site, you can use the controls below to allow or disallow different types of cookie. Some cookies are essential for the website to work, so they can't be disallowed.

  • These cookies give us anonymised information on how people use our website. We use these cookies to help us tailor our site to meet the needs of our visitors, for example by making sure our most popular pages are easy to find.

  • These cookies serve a number of purposes, such as allowing you to share our content with your friends and social networks. We also use these cookies to provide targeted advertising, so you may see relevant adverts based on the pages you look at on our website.

  • About
  • News & Insights
  • Careers
  • COVID-19
  • Brexit
Call us Free on 0800 121 6567
Irwin Mitchell Logo
  • Personal
    • Personal
    • Personal Home
    • Personal Injury Claims
      • Personal Injury Claims
      • Personal Injury Claims Home
      • Abuse & Criminal Injury Claims
      • Accidents In Public Places Claims
      • Accident At Work Claims
      • Air, Rail & Sea Related Claims
      • Asbestos & Mesothelioma Claims
      • Changing Solicitors During a Personal Injury Claim
      • Group Claims
      • Holiday Accidents & Illness Claims
      • Illness Compensation Claims
      • Industrial Disease Claims
      • Injury Types
      • Military Injury Compensation Claims
      • No Win No Fee Personal Injury Claims
      • Personal Injury Claims In Scotland
      • Personal Injury Information
      • How To Claim Compensation For Personal Injury
      • Product Liability Claims
      • Rehabilitation & Medical Care
      • Road Traffic Accident Claims
      • Serious Injury Claims
      • Support Services
    • Medical Negligence Claims
      • Medical Negligence Claims
      • Medical Negligence Claims Home
      • Cancer Misdiagnosis Claims
      • Birth Injury Claims
      • Cauda Equina Syndrome Claims
      • Cosmetic Surgery Claims
      • Cerebral Palsy Claims
      • Defective Medical Device Claims
      • Dental Negligence Claims
      • Diabetes Claims
      • Fatal Medical Negligence Claims & Inquests
      • GP Negligence Claims
      • Hospital Negligence Claims
      • What Is Medical Negligence?
      • Meningitis Misdiagnosis Claims
      • Failure To Prevent Suicide Claims
      • Misdiagnosis Claims
      • No Win No Fee Medical Negligence Claims
      • Ophthalmic Negligence Claims
      • Pregnancy & Gynaecology Injury Claims
      • Sepsis Negligence Claims
      • Shrewsbury & Telford Hospital NHS Trust Maternity Care Claims
      • Stroke Misdiagnosis Claims
      • Surgery Compensation Claims
    • Family Law
      • Family Law
      • Family Law Home
      • Divorce Solicitors
      • Prenuptial & Postnuptial Agreement Solicitors
      • Child Abduction Solicitors
      • Civil Partnership Dissolution Solicitors
      • Unmarried Couples' Rights
      • Divorce Financial Settlement Solicitors
      • Child Arrangement Orders
      • Out Of Court Divorce Solicitors
      • Separation Agreement Solicitors
      • Adoption & Surrogacy Solicitors
      • Domestic Violence Solicitors
    • Wills, Trusts & Estates
      • Wills, Trusts & Estates
      • Wills, Trusts & Estates Home
      • Estate Planning Solicitors
      • Powers Of Attorney
      • Trusts
      • Will Writing Services
      • Will Disputes & Contentious Probate
    • Conveyancing & Property Solicitors
      • Conveyancing & Property Solicitors
      • Conveyancing & Property Solicitors Home
      • Conveyancing Fees Calculator
      • Buying A Property
      • Selling A Property
      • Remortgage
      • Transfer Of Equity
      • Buy To Let
      • Absentee Landlord & Freeholder Tracing Service
      • Conveyancing & Property In Scotland
      • Freehold Purchase (Leasehold Enfranchisement) Solicitors
      • Lease Extension Solicitors
      • Conveyancing Guide
    • Tax
      • Tax
      • Tax Home
      • Business Tax
      • Inheritance Tax
      • International Tax
      • Professional Negligence
      • HMRC Tax Investigations
      • Tax Disputes & Litigation
      • Tax Residence
      • Tax Returns & Compliance
      • Wealth Structuring
    • Probate
      • Probate
      • Probate Home
      • International Probate
      • Probate Sale Conveyancing
      • What Is Probate & How Does It Work?
    • Will, Trust & Estate Disputes
      • Will, Trust & Estate Disputes
      • Will, Trust & Estate Disputes Home
      • Trust Disputes
      • Inheritance Act Claims
      • Contesting A Will
      • Contentious Probate
      • Pre-Death Agreements
      • Professional Negligence
      • Challenging A Lifetime Gift
      • Financial Abuse
      • Statutory Will Disputes
      • Defending A Contested Will
    • Employment Law Solicitors
      • Employment Law Solicitors
      • Employment Law Solicitors Home
      • Employment Contract Solicitors
      • Employment Disputes
      • Dismissal & Redundancy Solicitors
      • Employment Discrimination Solicitors
      • Harassment & Bullying At Work Solicitors
      • Parental & Family Friendly Employment Rights
      • Professional Discipline Solicitors
      • Recruitment & Promotion
      • Senior Executives & Professionals
      • Settlement Agreements
      • Whistleblowing Solicitors
    • Elderly Legal Services
    • Protecting Your Rights
      • Protecting Your Rights
      • Protecting Your Rights Home
      • Actions Against The Police
      • Environmental & Planning Law
      • Data Protection Breach Claims
      • Education Law
      • Healthcare & Social Services
      • Human Rights
      • Judicial Review
      • Mental Capacity
      • Motoring Offences Legal Advice
      • Professional Regulation & Discipline
      • Dispute Resolution
      • Legal Aid
    • Immigration Solicitors
      • Immigration Solicitors
      • Immigration Solicitors Home
      • British Citizenship & Naturalisation Solicitors
      • EU & EEA Immigration Solicitors
      • Indefinite Leave To Remain Solicitors
      • Spouse Visa Solicitors
      • Innovator Visa
      • Tier 1 Entrepreneur Visa
      • Permanent Residence Solicitors
      • Tier 1 Investor Visa
      • Business Immigration Solicitors
      • Our Prices - Immigration
    • Crime & Investigations
      • Crime & Investigations
      • Crime & Investigations Home
      • Crime
      • Fraud & Financial Crime
      • Motoring Offences Legal Advice
      • Regulatory Investigations & Enforcement
    • Insolvency
      • Insolvency
      • Insolvency Home
      • Business Restructuring & Insolvency
      • Debt Consultancy
      • Insolvency Disputes & Litigation
    • Court Of Protection
      • Court Of Protection
      • Court Of Protection Home
      • Court Of Protection Deputyship
      • Healthcare and Social Services
      • Frequently Asked Questions
      • Personal Injury Trusts
      • Powers Of Attorney
      • Powers Of Attorney Disputes
      • Statutory Wills And Trusts
  • Wealth Management
    • Wealth Management
    • Wealth Management Home
    • Asset Management For Personal Injury
    • Charity & Philanthropy
    • Estate Planning
    • Financial Planning
    • Intergenerational Wealth Management
    • Investment Management
    • Retirement Financial Planning
    • Succession Planning
    • Tax Planning
  • Business
    • Business
    • Business Home
    • Sectors
      • Sectors
      • Sectors Home
      • Consumer & Retail
      • Education
      • Financial & Professional Services
      • Manufacturing
      • Media & Entertainment
      • Real Estate
      • Sport
      • Technology & Communications
    • Banking & Finance
      • Banking & Finance
      • Banking & Finance Home
      • Corporate Banking
      • Funds
      • Leveraged & Acquisition Finance
      • Real Estate Finance
      • Receivables Finance & Asset Based Lending
    • Business Crime
      • Business Crime
      • Business Crime Home
      • Anti-Bribery & Corruption
      • Insider Trading & Market Abuse
      • Corporate Internal Investigations
    • Business Immigration
      • Business Immigration
      • Business Immigration Home
      • Business Visitor Visa
      • Innovator Visa
      • Prevention Of Illegal Working
      • Sole Representative Of An Overseas Business
      • Tier 1 Entrepreneur Visa
      • Tier 1 Investor Visa
      • Tier 2 & 5 Sponsor Licence
      • Tier 2 Visa
      • Tier 4 Sponsor Licence
    • Commercial
      • Commercial
      • Commercial Home
      • Commercial Contracts
      • Charities
      • Competition Law
      • GDPR & Data Protection
      • Information Technology
      • Media & Entertainment
      • Sourcing
      • Licensing
    • Commercial Litigation & Dispute Resolution
      • Commercial Litigation & Dispute Resolution
      • Commercial Litigation & Dispute Resolution Home
      • Banking & Finance Litigation
      • Business Interruption Insurance Lawyers
      • Contract Disputes
      • Commercial Judicial Review
      • Defamation & Reputation Management
      • International & Cross-Border Disputes
      • Litigation Funding
      • Professional Negligence
    • Corporate
      • Corporate
      • Corporate Home
      • Corporate Advisory
      • Equity Capital Markets
      • Mergers & Acquisitions (M&A)
      • Private Equity
    • Costs Team
    • Employment Law
      • Employment Law
      • Employment Law Home
      • Business Immigration
      • Employment Contracts, Policies & Procedures
      • Disciplinary & Grievance
      • Employee & Industrial Relations
      • Employment Litigation & Dispute Resolution
      • Equality, Diversity & Discrimination
      • Flexible Working Arrangements
      • Health & Safety
      • HR Advice Service - IMhrplus
      • Managing Sickness Absence
      • Pensions
      • Recruitment
      • Restrictive Covenants
      • Restructuring & Redundancy
      • Self Employment, Contractors & Agency Workers
      • Employment Seminars, Training & Updates
      • Terminating Employment & Settlement Agreements
      • TUPE
    • In-House Counsel
    • Intellectual Property
      • Intellectual Property
      • Intellectual Property Home
      • Defamation & Reputation Management
      • Copyright Lawyers
      • Design Rights Lawyers
      • Image Rights Lawyers
      • Patent Lawyers
      • Trade Mark Lawyers
      • Trade Secrets Lawyers
    • Legal Helpline
    • Pensions
      • Pensions
      • Pensions Home
      • Employment
      • Managing Death Benefit Trusts
    • Regulatory & Compliance
      • Regulatory & Compliance
      • Regulatory & Compliance Home
      • Road Transport & Operator Compliance
      • GDPR & Data Protection
      • Environment & Safety Regulatory Compliance
      • Financial Services Regulation
    • Real Estate
      • Real Estate
      • Real Estate Home
      • Corporate Occupiers
      • Real Estate Development and Regeneration
      • Construction & Engineering
      • Real Estate Finance
      • Real Estate Investment
      • Real Estate Tax
      • Residential Development
      • Retirement Living & Care
      • Strategic Land
      • Structured Real Estate
      • Planning & Infrastructure
      • Property Litigation & Real Estate Disputes
    • Restructuring & Insolvency
      • Restructuring & Insolvency
      • Restructuring & Insolvency Home
      • Corporate Insolvency
      • Partnership Insolvency
      • Directors' Duties
      • Phoenix Companies
      • Restructuring
    • Tax
      • Tax
      • Tax Home
      • Corporate Tax
      • Real Estate Tax
      • Tax Investigations
  • People
    • People
    • People Home
    • Search By Name
    • Search By Location
    • Search By Expertise
    • Business Management
  • Offices
    • Offices
    • Offices Home
    • Birmingham
    • Bristol
    • Cambridge
    • Chichester
    • Gatwick
    • Glasgow
    • Leeds
    • London
    • Manchester
    • Middlesbrough
    • Newbury
    • Newcastle
    • Reading
    • Sheffield
    • Southampton
  • Contact
  • About
  • News & Insights
  • Careers
  • COVID-19
  • Brexit
Irwin Mitchell Logo

Call us on

0800 121 6567 Or request a call back
  • Home
  • Personal
  • Medical Negligence Claims
  • Pregnancy & Gynaecology Injury Claims
  • Birth Defect & Wrongful Birth Claims

Birth Defect & Wrongful Birth Claims

Trustpilot

Birth defect test results present some parents with difficult choices during a pregnancy. But when these results are misdiagnosed, the parents lose the ability to make an informed decision about their child, sometimes with life-changing consequences.

Had you been warned that your baby had a serious health condition, you may have opted to not proceed with the pregnancy. In these situations, compensation can help you with your child’s needs, as well as replacing lost income, should you need to stop work to care for your child.

Our medical negligence solicitors have helped many parents who were let down by hospital staff during pregnancy, giving birth without knowing that their baby had a serious health condition. We understand how challenging the situation can be, dealing with a new set of expectations for your new-born child.

We could help if doctors failed to diagnose one of the following kinds of birth defect during pregnancy:

  • Hereditary/genetic – e.g. cystic fibrosis, Down’s syndrome
  • Structural (related to problems with body parts) – e.g. holes in the heart, spina bifida, brain malformations

We believe in the importance of rehabilitation, and we’ll make sure that your child has access to the best medical treatment during and after the claim.

We’re trusted by Shine, the spina bifida and hydrocephalus charity, to be on their legal panel. This means that we’re one of their recommended law firms for spina bifida and hydrocephalus claims.

For a free initial consultation about making a compensation claim, call us today on 0800 121 6567 or contact us online and we'll get back to you as soon as possible.

Help with rehabilitation
Financial advice from our Asset Management team
No Win No Fee*
Experience with complex, high value wrongful birth claims

Call our experts FREE on:

0800 121 6567

Or we can call you back at a time of your choice

Phone lines are open 24/7, 365 days a year

Contact us today

For a free initial consultation

Freephone

0800 121 6567

Prefer not to call?

Use our form

This data will only be used by Irwin Mitchell for processing your query and for no other purpose.

Ian Christian
Ian Christian Partner Meet the team
Birth Defect Claims - More Information
    • What Will Happen When I Make A Claim?
    • After you’ve contacted us, we’ll set up a free initial consultation to discuss your case and whether you have a legal claim. We’ll discuss what funding options are available to you to pay for your claim, including No Win No Fee agreements*.

      We’ll then get in touch with those responsible for your negligent treatment at an early stage to see if they accept the blame. If they accept responsibility, we’ll try to secure interim compensation payments which can fund private medical care and ongoing expenses, before your claim fully settles. Any interim payments will be taken out of your final compensation award.

      Our experts will look into your case in detail, gathering evidence from independent medical professionals. These experts evaluate what care you should have received and can determine any future implications to your health. They’ll also advise us on the care you’ll need in the future.

      We’ll always try and negotiate claims out of court, keeping the claim process as short as we can. However, if your opponent doesn’t accept responsibility or doesn’t agree with the amount of compensation we feel you need, we’ll start court proceedings.

      Even when trial dates have been set, claims are still often settled before reaching court. If your claim does need to go to court, we’ll be there to help you every step of the way, talking you through what will happen so you feel as comfortable as possible.

    • How Long Do I Have To Make A Claim?
    • If you weren’t told about your child’s condition while pregnant, you have three years from the day they were born to make a compensation claim. However, it’s important to get in contact with us as soon as possible so that we can start our investigation into your case.

      If you have questions or concerns about the time limits, please call us for free initial advice on 0800 121 6567.

    • Can I Make A Claim On A No Win No Fee Basis?
    • Many of our cases are funded with a No Win No Fee agreement. This means that there’s no financial risk* to you when making a compensation claim.

      At the start of your case we’ll discuss funding options with you, advising you which we think is most suitable. If you have legal expenses insurance (LEI) or are covered by a trade union policy, these may be best for you. Legal expenses insurance is included in many household insurance policies, so it’s always worth checking whether you’re already covered.

      If we think you’re best supported by a No Win No Fee agreement, we’ll explain the process clearly. This involves setting up an insurance policy that will protect you, at no cost to you. You’ll only have to pay anything when your claim is successful – your opponent will pay most of our fees.

      Please visit our No Win No Fee page for more information on how it works.

    • How Our Other Teams Can Help
    • Because we’re a full-service law firm, we also have a number of other in-house teams with specialist knowledge in areas such as rehabilitation, Wills and asset management.

      Rehabilitation

      We see rehabilitation as key and will make sure that you can access the care and support services you need to lead the best life possible. Our client liaison managers can provide support and information to you and your family, helping you with many of the other problems you may face, such as employment and benefit issues.

      Public Law & Human Rights

      Our Public Law & Human Rights department can offer advice on Part 3 of the Children and Families Act 2014. The Act made sweeping reforms to child welfare legislation, affecting young people with special education needs under the age of 25. It replaced statements of special educational needs and learning difficulty assessments with a combined Education, Health and Care Plan (EHC plan).

      Please follow this link for more information on the Children and Families Act, along with factsheets and template letters.

      Asset Management

      Our asset management team can provide advice on how your compensation could be best invested. We also have Court of Protection lawyers who can set up personal injury trusts and make sure you have access to the benefits you’re entitled to.

    • Meet Our Experts
    • As the largest medical negligence department in the country, our solicitors are highly rated by independent legal guides.

      We have years of experience in securing compensation for those who’ve suffered as a consequence of medical errors. Our solicitors are aware that every claim is different and we make sure that we understand the care and support you need.

      Getting an apology and explanation for what’s happened can be just as important as the compensation award. We’ll take the necessary steps to help you make a complaint and will campaign to ensure systems are put in place to ensure the same thing doesn’t happen to somebody else.

They were always there to answer my questions and queries when I was at my most vulnerable and they persevered to obtain the best possible result."

Lisa, client

Frequently Asked Questions

What Are The Risks During What Kind Of Tests Are Used To Diagnose Birth Defects?

During pregnancy there are a number of tests you might be offered to diagnose any potential defects. They’re given at various stages in the pregnancy but aren’t compulsory. There are two main kinds of check:

  • Screening tests predict the likelihood of your child having a certain birth defect
  • Diagnostic tests are able to tell you whether your child actually has a certain defect

Typically, screening tests involve an ultrasound (for physical defects) or a blood test (for inherited conditions). They aren’t compulsory, but doctors should make sure that you’re fully aware of the options available to you, especially if your baby is considered at risk of a certain defect.

If a screening test reveals that your child is more likely to have a genetic condition, you’ll be offered a diagnostic test to give a more definite answer. The most common diagnostic tests are amniocentesis and chorionic villus sampling (CVS – also known as placental biopsy). These are invasive tests that carry a small risk of miscarriage and infection, so they aren’t offered to all women.

In most cases the tests provide an accurate picture of the fetus’s health, but human error sometimes means that mothers aren’t given the right tests or results aren’t interpreted properly.

If you’ve received inaccurate test results and given birth to a baby with a serious health condition, our lawyers could help you make a compensation claim for wrongful birth.

Read More... Read Less...

What If My Doctor Failed To Diagnose A Birth Defect?

Because screening tests don’t provide a definite answer, it’s important that you’re then referred for a diagnostic test if your baby is considered at risk of a defect. If either the screening or the diagnostic test is misread, the consequences could be severe and you may have a claim for medical negligence. Some of the conditions tested for include:

  • Ventricular septal defect (VSD – holes in the heart)
  • Spina bifida
  • Cystic fibrosis
  • DiGeorge syndrome (22q11 deletion)
  • Down's syndrome 

If your child is born with one of these conditions after being given the all-clear, we could help you make a wrongful birth claim.

Read More... Read Less...

What Can Compensation Pay For?

Our solicitors will tirelessly pursue the funds you need for a good quality of life. We’ll make sure that your compensation takes into account all of your family’s requirements, both present and future. It can help pay for the extra costs associated with your child’s disability, such as:

  • Care and medical treatment
  • Occupational therapy
  • Speech and language therapy
  • Education needs
  • Accommodation needs
  • Medical treatment

We understand what an emotional and difficult decision it is to make a wrongful birth claim, so you can rest assured that we’ll treat your case with the sensitivity it deserves.

Read More... Read Less...
Read More FAQs

Related Information - Birth Defect Claims

Public Law & Human Rights - our Public Law & Human Rights team can help you defend your rights Read More
Client Liaison Managers - we have a dedicated team of client liaison managers who will guide you through the claims process Read More
Failed Sterilisation - if you’ve had a negligent sterilisation procedure, our solicitors could help Read More
Asset Management - our dedicated Asset Management team can advise you on how to take care of your compensation Read More
Scottish Flag

All Scottish cases will be handled by the Scottish law firm with which we are associated, Irwin Mitchell Scotland LLP. The law relating to funding is different in Scotland and you will receive separate advice about what that means as well as a separate funding agreement.

*To make a No Win No Fee claim, you need to enter into an agreement that's linked to a suitable insurance policy. We'll explain this in more detail before we start your claim.

About Irwin Mitchell

Founded in Sheffield in 1912, Irwin Mitchell has always been a bit different. Our advisers really get to know the people and business that we help.

It's what we call 'expert hand, human touch'.

We have offices around the UK so wherever you are, our experts can help.

Contact Us

Give us a ring to speak to a member of our team in the strictest confidence. Or you can fill out our contact form and we'll ring you back.

0370 1500 100

Our phone lines are open 24/7, 365 days a year

Get a call back

Fill in your details below and we'll be in touch as soon as possible

This data will only be used by Irwin Mitchell for processing your query and for no other purpose.

  • Contact
  • 0370 1500 100
  • Contact Irwin Mitchell
  • Social Media
  • Twitter
  • Facebook
  • YouTube
  • LinkedIn
  • Instagram
  • About Irwin Mitchell
  • About Us
  • Social Responsibility
  • Careers
  • Business Management
  • SRA Regulated
  • Terms & Conditions
  • Accessibility
  • Privacy & Security
  • Hoaxes
  • Modern Slavery Act Statement
  • Manage Cookie Settings

© 2021  Irwin Mitchell LLP

Irwin Mitchell LLP is authorised & regulated by the Solicitors Regulation Authority. Our Regulatory Information

Request A Callback

Enter you details below and we'll call you back, at a time of your choice

Preferred date*
Today
Tomorrow

This data will only be used by Irwin Mitchell for processing your query and for no other purpose.