Wrongful conception results typically from failed male or female sterilisation procedures, poor counselling in connection with the likely consequences or results of such procedures or poor counselling about the risk of a disabled child being born as a result of an undiagnosed unexplained genetic condition suffered by one parent. There are also instances where a claim can be pursued for the negligent fitting of the contraceptive implant.

In wrongful conception claims you will be compensated for the physical and emotional pain, incapacity and distress of an unwanted pregnancy and labour and possible additional re-sterilisation procedure. This is usually at about £5,000, although it could be more if the pregnancy or labour was unusually complicated or you experienced post-natal depression. You will also be entitled to compensation if you decide to proceed with a termination. You will be entitled to claim for any financial losses, including loss of earnings, resulting from the unwanted pregnancy. However, following the decisions in the House of Lords in McFarlane v Tayside Health Board and Rees v Darlington Memorial Hospital [2003] UKHL 52 you will not be compensated for the cost of bringing up any child born as a result of the failed sterilisation, unless that child is disabled.

Wrongful birth cases are those in which conception was desired but where the negligent act resulted in the birth of a child when a termination of pregnancy was wanted or would have been wanted had appropriate information been given. This essentially arises where parents have not been warned that a child will be born with a specific disability, and if they had been warned would have terminated the pregnancy. In this case damages can be obtained for the costs associated with the welfare and healthcare of the disabled child.

Get in touch

If you would like to know more about how our tailored services can best suit your needs, do not hesitate to get in touch. Although based in Greater Manchester, we can provide high-quality legal assistance to those who need it around the UK. Call us today on 0161 928 3848, or fill in the online contact form.

Testimonials

Read All >

Kind and courteous attention, combined with knowledge and expertise.

Mr & Mrs T

Excellent, friendly and efficient service. Would use again.

Mr G

Everything went smoothly and this is mainly due to the pleasant service, professionalism and helpfulness of Grace Kennedy who steered us through our LPA and wills update.

Mr and Mrs L

Grace was very professional and an asset to your company.

Mr P

Always good advice and easy to talk to.

Mrs A

So relieved to receive such good advice and feel like a weight has been lifted from my shoulders.

Ms S

We were delighted with all aspects of the service.

Mr L

We thank Grace, Marta Grzelak, Helen Green and Kasia for their help, support, commitment, and sometimes consolation – for empathy. We managed to overcome the language barrier and legal procedures. And everything was possible thanks to the wonderful Angels from the law firm.

Despite the fact that the administration has officially ended – you will all remain in our memories and hearts for a long time.

Ms H

First class service, advice and support from Michaela at Mchale & Co. Definitely recommend.

 

 

Mr N

A big thank you for Marta Grzelak.
Couldn’t have asked for more. I would not hesitate in recommending her to friends and family. A fantastic service all round.

Ms J

The legal advisor Zakkiya Azad was kind, patient and understanding at all times.

Mr L

Excellent, professional and caring. Michaela and her colleagues made the whole process very easy.

Ms A

Contact Us