"Wrongful birth" is a legal term, and an unfortunate one. It does not describe a child. It describes a claim brought by parents who say negligent care denied them accurate information and the chance to make an informed decision about a pregnancy.
The name of this claim causes real distress to families, so it is worth being direct about what it means. The law is not saying a birth was wrong, and it is not placing a value on a child's life. It is addressing a narrower failure: information a family was entitled to receive, and did not.
These claims typically follow negligence in prenatal care — screening not offered, a result mishandled or never communicated, a condition visible on imaging that was not identified, or a family never told what their results meant. What is compensable is the loss of informed choice and the additional costs of care that follow from it.
The team of lawyers at Diamond and Diamond have experience handling these claims across Canada, and we approach them with the sensitivity they require. Scheduling a consultation is the first step toward understanding your rights and determining the strength of your case.
Past results are not necessarily indicative of future results and the amount recovered and other litigation outcomes will vary according to the facts in individual cases.
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Our legal team reviews your prenatal records, test results, imaging, and clinic notes to assess whether the accepted standard of care was met and what information you should have received.
If we take on your case, we pursue compensation for the loss of informed choice and the additional care your family now needs.
This distinction matters, because one of these claims is recognised in Canadian law and the other is not. A wrongful birth claim belongs to the parents. It says that negligent care deprived them of information they needed to make their own decisions about the pregnancy. Canadian courts have accepted these claims since the 1970s.
A wrongful life claim is brought by the child, arguing that but for the negligence they would not have been born at all. Canadian courts have not recognised this claim anywhere in the country. The Ontario Court of Appeal addressed the point in Florence v. Benzaquen, 2021 ONCA 523, and the Supreme Court of Canada declined to hear a further appeal in March 2022. Appellate courts elsewhere have reached the same conclusion, including the Manitoba Court of Appeal in Lacroix v. Dominique, 2001 MBCA 122, as did the Ontario Court of Appeal earlier in Bovingdon v. Hergott, 2008 ONCA 2.
A separate and important point: a child injured by negligence during pregnancy or delivery can bring a claim in their own right once born alive. The Supreme Court of Canada recognised that principle in Montreal Tramways Co. v. Léveillé, [1933] SCR 456, and it applies across Canada. That is an ordinary negligence claim, not a wrongful life claim, and it is unaffected by the cases above.
What unites these allegations is information: a family who would have known something, and would have had choices to make, if the care had met the accepted standard.
These claims are factually demanding. Beyond establishing that the care fell short, they require evidence about what the family would have done had they been properly informed — which is a personal question, and one handled with care.
"If you believe you were denied information during your pregnancy, request your complete prenatal file — test requisitions, laboratory reports, ultrasound images and reports, referral letters, and clinic notes. These will greatly assist your legal team in reviewing your case."— Diamond & Diamond Lawyers
How damages are assessed in these claims remains one of the less settled areas of Canadian law, and courts have taken different approaches to how the loss should be characterised. What is consistently recognised is the loss of the opportunity to make an informed decision, and the extraordinary costs of care attributable to a child's condition.
In a claim of this kind, the loss the law recognises is the loss of accurate information and the opportunity to make an informed decision, together with the additional costs of care that follow. A child's life is never treated as the harm, and these claims are approached with that firmly in mind. Claims commonly cover the additional costs of medical treatment, therapy and early intervention, adaptive equipment, home and vehicle modifications, attendant care, and income a parent loses in providing that care. Because the law here is unsettled, the approach taken in any individual case requires careful assessment.
Non-financial damages may also be available to parents, including for the psychological effect of being denied information they were entitled to. Courts evaluate these based on previous case law that attributes a financial value to the impact on a person's life.
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Physicians, midwives, sonographers, laboratories, and genetic services each have a duty to provide accurate information and to obtain informed consent. When that duty is breached and a family is deprived of choices they were entitled to make, you need a legal team with the experience and resources to navigate the complexities of medical malpractice law.
The team of lawyers at Diamond and Diamond have experience handling these claims and will work to protect your family's rights while providing you with clear, honest legal guidance throughout the process. Diamond and Diamond has offices in Ontario, Alberta, British Columbia and Nova Scotia, and the team handles medical malpractice claims for clients across Canada. These matters are personal, and they are handled with that in mind.
Avoid making contact with other parties involved in your case. Your lawyers from Diamond and Diamond should be your main point of contact in any medical malpractice matter. Contact our law firm now to discuss your case.
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“I have had a great experience so far with this firm. They got me money I needed for medical and have an open lawsuit for a million for me. I am happy and grateful for their hard work on my behalf.”— Aidan Straw, Google Review · Aug 6, 2025
The foundation of any medical malpractice claim rests on proving that the health care provider fell below the accepted standard of care. In a wrongful birth claim, that usually concerns information: whether testing was offered, whether results were accurately produced and reported, and whether they were explained so the family could make a real decision.
Establishing this standard typically requires evidence from qualified professionals in prenatal care, imaging, or genetics. An experienced personal injury lawyer at Diamond and Diamond can help you navigate this process.
The second question in these claims is what the information would have changed. It asks what the family would have done had they been properly informed — whether they would have sought further testing, made a different decision, or prepared differently.
This is a personal question and an uncomfortable one to be asked. It is approached carefully, and it is answered with evidence about the family's own circumstances, values, and the choices realistically available to them at the time.
Request your complete prenatal file: test requisitions, laboratory reports, every ultrasound image and written report, referral letters, and clinic notes. Write down what you were told at each appointment, by whom, and what you asked.
Avoid discussing a potential claim with the providers involved in your care. Your next step should be to contact a personal injury lawyer with experience in medical malpractice cases, who can evaluate your situation during a free consultation.
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See All Medical Malpractice FAQsThis page provides general information about Canadian law and is not legal advice. Health care is regulated provincially and territorially, so the legislation, regulators and standards that apply depend on where you were treated. Every situation is different. For advice about your circumstances, speak with a lawyer.
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