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.

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I would like to thank McHale & Co Solicitors for their excellent work.
The support Helen provided me with was above and beyond, it was her professionalism and her personal and effective responses which made such a difficult time for me a lot more bearable.
I would have no hesitation in using McHale & Co again and will certainly recommend them to family, friends and colleagues.

Mrs B

On behalf of us both, I’d like to thank you Phillippa, for the support and guidance you have given us throughout this process, your service has been second to none.

Again, thank you so much.

Mr & Mrs M

I would like to thank Roberto for his help and support in dealing dealing with a recent case for my son. He was professional, caring and showed great sensitivity. He went above the cause of duty in his handling of the case. He made a very traumatic and stressful situation easy to bear. I will be eternally grateful to him. He is a great asset to McHale & Co. Once again Thank you.

Ms C

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Mrs G

I have dealt with Paul Fitton both by phone and email regarding advice about getting compensation from a world wide organisation. From the start Paul was professional, knowledgeable, friendly and gave very sound advice too. Plus I won the case. Thank you Paul, very much appreciated

Ms G

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Michaela was exceptional in both advice and the completion of the will. Michaela was kind, considerate, professional and her manner and personality was one that inspired confidence from the very first meeting, going way above what I expected.

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Wonderful service provided by Helen Green – very thorough knowledge. I am extremely satisfied as I was helped through a difficult time when I was uncertain how to go forward.

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