Wrongful birth claims must be distinguished carefully from claims for injury caused by negligence in connection with birth. Wrongful birth claims are based on the assertion that because of medical negligence, a person has been born who should never have been born at all and either that person or others (such as the mother) has suffered injury as a result. There can be a claim for wrongful birth when in fact the person born is perfectly healthy but his or her existence causes injury or damage to others.
By definition, wrongful birth claims are uncommon and the law surrounding them is complex. Advice from a medical negligence solicitor is essential.
