Wrongful birth
compensation claims

When can wrongful birth claims be made?

Wrongful birth claims can be made if a medical provider fails to properly investigate and monitor a pregnancy or fails to advise parents of abnormalities that may impact the decision to terminate the pregnancy. In some states, in cases of unplanned or unwanted pregnancy, wrongful conception claims can be made if a medical provider fails to properly implement contraceptive measures.

Medical errors that lead to the wrongful birth or conception of a child can occur in a number of ways. Claims can involve failure to properly:

  • perform a female sterilisation or male vasectomy
  • implant a contraceptive device, including Implanon
  • advise in the course of genetic counselling or testing (if this leads parents to conceive a child when they otherwise would not have if given correct advice)
  • detect abnormalities in the foetus by chromosome tests or the 18-20 week ultrasound.

For example, a medical provider can improperly interpret or report results from a routine blood test, antenatal ultrasound or amniocentesis after conception, leading to false assurances that the foetus is not at risk of a congenital abnormality. This mistake can deprive parents of the opportunity to terminate the pregnancy.

If you have experienced medical negligence related to wrongful birth or conception, contact us today to discuss how we can help you.

Why Maurice Blackburn?

If negligence or malpractice on the part of your doctor or hospital has resulted in wrongful birth, our experienced medical malpractice team can help fight for your rights and claim compensation for personal injury.

At Maurice Blackburn our specialised medical negligence lawyers are here to fight for you. And while we understand that monetary compensation can’t ever replace quality of life, the needs and future wellbeing of you and your family are our top priority, and we’ll work hard to make sure you receive the best possible outcome.

Maurice Blackburn Lawyers has offices in Melbourne, Sydney, Brisbane, Perth, Adelaide, Darwin and throughout Australia.


We provide our medical negligence legal services on a 'no win, no fee'* basis. This means that you will only pay our legal fees if you receive a settlement or compensation. You would not be charged our fees if the claim is not pursued after investigation.

All you need to know about medical negligence

If your health care professional, hospital or other facility breaches what’s known as their duty of care, you may be able to make a claim for compensation.

No win, no fee*

Our medical negligence lawyers are experienced in winning fair compensation for our clients on a no win, no fee basis.

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