Wrongful Birth Compensation Claims

If your doctor, midwife or hospital has breached their duty of care to you, our experienced medical negligence lawyers can help you claim compensation.

Maurice Blackburn are Australia’s leading medical negligence practice. We have successfully represented patients and their families in compensation cases arising from medical negligence in obstetrics, paediatrics and gynaecology.

Talk to Maurice Blackburn today to discuss how we can best help you and your family. We have offices in Melbourne, Sydney, Brisbane, Perth, Adelaide and throughout Australia. 

Wrongful birth compensation

Wrongful birth legal claims can be made against doctors or hospitals for failing to investigate and monitor a pregnancy, and not advising parents of abnormalities discovered, or offering them the option to terminate the pregnancy. Wrongful conception claims involve cases of unplanned and unwanted pregnancy relating to the failure of a doctor or other practitioner to properly implement contraceptive measures.

Medical negligence claims in relation to wrongful birth include:

  • improper sterilisation including Filschie clip application or vasectomy procedure;
  • failure to properly insert a contraceptive device including Implanon;
  • failure to properly advise in the course of genetic counselling or testing; and
  • failing to detect abnormalities in the foetus by 18-20 week ultrasound or chromosome tests.

What is wrongful birth?

Medical errors that lead to the wrongful birth of a child can occur in a number of ways. Before conception a female sterilisation or a male vasectomy may be negligently performed; a contraceptive device may be incorrectly implanted; or incorrect advice or information may be given in the course of genetic counselling or testing, which leads to the conception of a child where, had the correct advice been given, the parents would not have chosen to conceive.

After conception, a routine blood test or antenatal ultrasound or amniocentesis can be improperly interpreted or reported, leading to false assurances that the foetus is not at risk of a congenital abnormality, and depriving parents of an opportunity to terminate the pregnancy.

If you have experienced negligent medical treatment or advice that has resulted in a wrongful conception or wrongful birth, we can help you understand all your options. Our specialist medical personal injury lawyers can help your fight for your rights and obtain compensation.

Maurice Blackburn’s medical malpractice solicitors can provide expert legal advice and representation in cases of wrongful conception or wrongful birth. We can help you fight for your rights and obtain compensation for you and your family.