Experienced Fresno Wrongful Birth Lawyer
Fresno Wrongful Birth Lawyer
Find out why we are some of the best Fresno wrongful birth lawyers
Have you recently experienced a wrongful birth and need legal assistance?
Goldberg & Loren are experienced Fresno wrongful birth lawyers who can help you navigate the legal complexities of your case. With their extensive knowledge and compassionate approach, they will fight for your rights and ensure you receive the justice and compensation you deserve.
If you have suffered due to a wrongful birth, you deserve justice. Goldberg & Loren have a proven track record of successfully representing clients in similar cases, and they understand the emotional and financial toll it can take on you and your family. They will work tirelessly to hold the responsible parties accountable and help you rebuild your life.
Contact Goldberg & Loren today for a free consultation and take the first step towards seeking the justice you deserve.
What is a Wrongful Birth?
Wrongful birth cases arise when parents believe that they have been deprived of the right to make an informed decision regarding the birth of their child.
They argue that had they been aware of the child’s medical condition; they would have chosen to terminate the pregnancy due to the potential extraordinary medical care and associated expenses that may be required throughout the child’s life. [1]
These cases often involve claims of medical negligence or medical malpractice, as parents believe that doctors or other healthcare professionals failed to properly diagnose or communicate the presence of a serious medical condition. The burden of proof lies with the parents to show that the medical professionals negligently provided inadequate information, therefore denying them the opportunity for reproductive choice.
While some may argue that filing a wrongful birth claim is controversial, it is important to understand the emotional, financial, and psychological toll that having a child with a serious medical condition can place on families.
Raising a child with major medical needs can require extensive financial resources and a lifetime commitment. Parents may choose to pursue a wrongful birth claim to seek financial compensation to cover the costs associated with caring for a child with special needs.
How Could a Wrongful Birth Have Been Prevented?
- Proper Prenatal Care: It is the responsibility of healthcare providers to conduct comprehensive screenings, ultrasounds, and other tests to detect any abnormalities or genetic disorders. By diligently monitoring the health of the mother and the fetus, doctors can provide accurate information to the parents and allow them to make fully informed decisions.
- Accurate Diagnosis: Failing to provide clear, honest, and thorough information can deny parents the opportunity to make choices based on the full picture. It is the duty of healthcare providers to ensure that parents are aware of all potential risks and challenges associated with their child's health.
- Communication with Parents: Doctors must clearly explain the diagnosis, prognosis, the potential impact on the child's quality of life, available treatment options, and the associated costs. By ensuring parents fully understand the implications of their child's condition, they can make an informed decision about their pregnancy.
- Follow-up Testing and Consultations: If there are any concerns or suspicions of a potential issue, it is essential for healthcare providers to recommend further testing or consultations with specialists. Prompt and thorough follow-up can help ensure any potential medical problems are identified and communicated to parents in a timely manner.
Examples of Wrongful Birth
Failure to Identify Genetic Abnormalities:
Genetic testing during pregnancy can provide important information about the presence of genetic disorders or abnormalities in the fetus. If healthcare providers fail to conduct or accurately interpret these tests, parents may not be aware of the potential risks associated with their child’s health. If a genetic condition such as Down syndrome is not detected, parents may not have the opportunity to prepare for the unique challenges and medical needs their child will face.
Misinterpretation of Prenatal Screenings:
Prenatal screenings, such as ultrasounds and fetal monitoring, are crucial for detecting any signs of fetal distress or developmental issues. If medical professionals misinterpret these screenings or fail to conduct them with due diligence, parents may not be informed of any potential complications. If a doctor fails to identify signs of a brain or heart defect during an ultrasound, parents may be deprived of the opportunity to seek appropriate medical intervention or to make decisions about continuing the pregnancy.
Inadequate Communication About Risks:
If doctors do not effectively communicate the risks of a pregnancy, parents may not fully comprehend the potential challenges their child may encounter. Providers may downplay the severity of a certain condition or fail to inform parents of the potential long-term effects; they may not be able to make informed decisions about their pregnancy.
Delayed Diagnosis of Medical Conditions:
If doctors fail to promptly identify and communicate a serious medical condition, parents may not have the opportunity to seek appropriate medical intervention or make choices that align with their personal beliefs and values. If a doctor fails to detect signs of a life-threatening condition such as an umbilical cord entanglement, parents may not be able to take the necessary steps to protect the health and well-being of their child.
Genetic Conditions Associated With Wrongful Birth
- Genetic Disorders: These can include conditions like Down syndrome, cystic fibrosis, tay-sachs disease, sickle cell anemia, or chromosomal abnormalities that can significantly impact the child's health and quality of life.
- Birth Defects: Birth defects refer to structural or functional abnormalities that occur during fetal development. Examples include heart defects, spina bifida, cleft lip and palate, limb abnormalities, or neural tube defects.
- Neurological Disorders: Conditions like cerebral palsy, autism spectrum disorders, or genetic disorders that cause intellectual disabilities fall into this category.
- Severe Medical Conditions: Some babies are born with severe medical conditions that require extensive medical intervention and lifelong care, such as certain organ malformations, metabolic disorders, or rare genetic diseases.
How Do You Prove a Wrongful Birth?
- Establishing the duty of care: To prove a wrongful birth, it must first be shown that the healthcare provider owed a duty of care to the parents and the child. This duty of care is typically established when a doctor-patient relationship exists, and the healthcare provider agrees to provide medical services.
- Demonstrating a breach of duty: Once the duty of care is established, it needs to be proven that the healthcare provider failed to meet the accepted standard of care during prenatal care, childbirth, or genetic testing. This may involve presenting expert testimony from medical professionals who can testify to what a competent healthcare provider would have done in similar circumstances.
- Establishing causation: In a wrongful birth case, it is necessary to find a causal link between the healthcare provider's negligence and the birth injury or condition. This requires demonstrating that if the healthcare provider had acted appropriately, the parents would have made a different decision regarding the pregnancy or the child's care.
- Documenting damages: Damages suffered as a result of the wrongful birth must be documented. This may include medical records, expert opinions, financial documentation related to medical expenses, therapy costs, and any other costs associated with the child's care.
Wrongful Birth Statute of Limitations
In California, the Statute of Limitations for medical malpractice cases, including wrongful birth claims, is generally set at three years from the date of injury.
There are certain exceptions and variations to this general rule that may apply in wrongful birth cases.
One exception is known as the “delayed discovery” rule. If the parents were not aware of the wrongful conduct or injury at the time it occurred, and could not have reasonably discovered it through the exercise of reasonable diligence, then the Statute of Limitations may be extended.
Why Should I Hire a Fresno Wrongful Birth Lawyer?
We will work diligently to prove that a doctor-patient relationship existed and that the healthcare provider had an obligation to provide proper medical care. Gathering evidence, such as medical records and expert testimonies, we will prove that the healthcare provider failed to meet the accepted standard of care during prenatal care, childbirth, or genetic testing.
Evidence will be gathered to demonstrate that the healthcare provider’s negligence directly resulted in the birth injury or condition. This requires a meticulous review of medical records, expert opinions, and expert testimony to establish the link between medical negligence and the harm suffered.
Our Fresno wrongful birth lawyer will document the damages suffered as a result of the wrongful birth. We will gather all necessary information, such as medical expenses, therapy costs, and any other financial documentation related to your child’s care.
Our legal expertise and experience will not only make the process smoother for you but will also significantly increase your chances of a favorable outcome.
Source:
[1] Blog – Wrongful Birth Bans Further Injure Parents – Bioethics Today. (2023, January 29). Bioethics Today. https://bioethicstoday.org/blog/wrongful-birth-bans-further-injure-parents/
If you or someone you care about experienced a wrongful birth in Fresno, you might be eligible for compensation for your pain, suffering, and medical expenses. Reach out to us to determine if you have a potential case worth pursuing.
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