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Portland Wrongful Birth Lawyer
We are one of the best wrongful birth law firms in Portland
Portland Wrongful Birth Lawyers
If your family has experienced a wrongful birth, we want to help. Our Portland wrongful birth attorneys are ready to review your case and advocate for justice on your behalf. Call us at (971) 339-8080 today to schedule a free consultation and take the first step toward getting the support and compensation you and your family deserve.
In 2012, a jury awarded nearly $3 million to a Portland couple in a wrongful birth lawsuit against Legacy Health. [1]
Overview of Wrongful Birth
“Wrongful birth” is a term that brings up strong emotions for families facing unexpected challenges. It’s about parents feeling they weren’t given important information that could have changed their decisions about having a child. These cases involve difficult questions about healthcare choices, and the search for fairness when it comes to bringing a new life into the world.
In some cases, these cases could be due to medical negligence, misdiagnosis, or failure to provide timely and accurate information. The heart of a wrongful birth case revolves around the belief that had the parents been given the choice and information, they would have chosen to terminate the pregnancy.
This often leads to complex ethical and moral debates, as well as legal battles, regarding the rights of parents, the responsibilities of medical professionals, and the value of life with disabilities.
Common Causes of Wrongful Birth in Portland, Oregon
There are several common causes of wrongful birth cases in Portland, Oregon. These can include:
- Failure to Diagnose or Detect Genetic Conditions: Medical professionals have a duty to accurately diagnose and inform parents about any potential genetic conditions that could affect the health of their child. If there is a failure to diagnose or detect these conditions, it can lead to a wrongful birth claim.
- Failure to Inform Parents of Available Options: Parents have the right to be fully informed about all available options and potential risks associated with their pregnancy. If medical professionals fail to inform parents of available options, such as genetic testing or termination of the pregnancy, it can lead to a wrongful birth claim.
- Failure to Offer or Perform Prenatal Testing: If medical professionals fail to offer or perform necessary prenatal testing, it can prevent parents from making informed decisions about their pregnancy and potential genetic conditions.
- Failure to Provide Proper Genetic Counseling: Medical professionals are responsible for providing accurate and comprehensive genetic counseling to parents, including discussing all available options and potential risks. If they fail to provide proper genetic counseling, it can contribute to a wrongful birth claim.
- Misdiagnosis of Genetic Conditions: Similarly, if a medical professional misdiagnoses a genetic condition or provides inaccurate information about the condition, it can result in a wrongful birth claim.
Common Types of Wrongful Birth Cases in Portland
Wrongful birth cases in Portland often involve children who have been born with disabilities or genetic conditions that were not properly disclosed to the parents during their pregnancy. Some common types of wrongful birth cases that may be the basis for a legal claim include:
- Birth Defects: Birth defects can include physical abnormalities or structural malformations that occur during fetal development, such as heart defects or limb deformities.
- Developmental Disabilities: Children with developmental disabilities, such as autism or cerebral palsy, may also be the basis for a wrongful birth claim. These disabilities can affect a child’s cognitive, physical, and social development.
- Genetic Disorders: Many wrongful birth cases involve children who are born with genetic disorders such as Down syndrome, cystic fibrosis, or sickle cell disease. These conditions can significantly impact the child’s quality of life and require ongoing medical care and support.
- Neurological Disorders: Neurological disorders, including conditions like epilepsy or intellectual disabilities, can also be the basis for a wrongful birth claim. These disorders can have long-term effects on a child’s brain functioning, motor skills, and overall development.
If you or your loved one have been a victim of wrongful birth, our experienced personal injury lawyers in Portland can help you navigate the legal complexities of your case. We understand the emotional and financial burdens that come with raising a child with disabilities, and we are here to fight for your rights.
Who Can Be Held Liable for a Wrongful Birth in Portland?
In Portland, liability for a wrongful birth can potentially extend to several parties involved in the childbirth process. These may include:
- Healthcare Providers
- Hospitals and Medical Facilities
- Pharmaceutical Companies
- Other Healthcare Professionals
Determining liability in a wrongful birth case often requires a thorough investigation & expert medical analysis to establish whether negligence or malpractice occurred.
Table of Contents
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Portland Wrongful Birth Lawyers
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Overview of Wrongful Birth
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Common Causes of Wrongful Birth in Portland, Oregon
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Common Types of Wrongful Birth Cases in Portland
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Who Can Be Held Liable for a Wrongful Birth in Portland?
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What Damages Can I Seek in a Wrongful Birth Case in Portland?
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Proving Negligence in Wrongful Birth Cases in Portland
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Steps in the Legal Process of Filing a Wrongful Birth Case in PDX
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Statute of Limitations for Wrongful Birth Claims in Oregon
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Contact Our Wrongful Birth Lawyers Today
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FAQs
What Damages Can I Seek in a Wrongful Birth Case in Portland?
If you are pursuing a wrongful birth case in Portland, Oregon, you may be eligible to seek various types of damages. These can include:
- Emotional Distress: Parents may suffer significant emotional distress as a result of a wrongful birth. Compensation may be sought for the psychological impact and trauma experienced by the parents.
- Future Medical Expenses: If the child’s disabilities or genetic conditions require ongoing medical care or treatments, parents may be entitled to seek compensation for future medical expenses.
- Lost Wages and Future Earning Potential: If caring for a child with disabilities or genetic conditions requires the parents to quit their jobs or significantly reduce their work hours, they may be entitled to compensation for lost wages and future earning potential.
- Medical Expenses: This includes any costs associated with prenatal care, genetic testing, and medical treatments for the child’s disabilities or genetic conditions.
- Pain and Suffering: If the child experiences pain, suffering, or diminished quality of life due to their disabilities or genetic conditions, compensation can be sought on their behalf.
- Special Education Costs: Children with disabilities or genetic conditions often require specialized education and therapies. Parents can seek compensation for the costs associated with these services.
Every wrongful birth case is unique, and the damages awarded will depend on the specific circumstances of the case. Consult with our experienced wrongful birth lawyers in Portland, and we will help determine what damages may apply to your particular situation.
Proving Negligence in Wrongful Birth Cases in Portland
Proving negligence in wrongful birth cases involves a detailed process, given the significant implications for both healthcare providers and affected families.
Elements of Negligence in Wrongful Birth Cases
To prove negligence, the following elements need to be established:
- Duty: The healthcare provider owes a duty of care to the mother and the unborn child, which includes providing competent and appropriate medical care during prenatal consultations, genetic testing, and counseling.
- Breach: The provider breached their duty by not adequately informing the parents about significant risks or genetic conditions that would have influenced their decision to continue or terminate the pregnancy.
- Causation: The breach of duty directly caused harm or injury to the parents, such as emotional distress, financial burdens related to the child’s care, or other foreseeable consequences.
- Damages: Actual harm or injury occurred as a result of the breach. This can include medical expenses, ongoing care costs for the child’s condition, emotional suffering, and related damages.
Gathering Evidence in a Wrongful Birth Case in Portland
The strength of the case hinges on the quality of the evidence presented. Here are critical elements of compelling evidence:
- Medical Records: A comprehensive review of medical records is key. This includes records from prenatal care, genetic testing results, counseling sessions, and any other relevant medical documentation that outlines the healthcare provider’s actions and communications.
- Expert Testimony: Expert witnesses specializing in obstetrics, genetic counseling, and related fields are necessary. They provide expert opinions on whether the healthcare provider met the standard of care and how any breach of duty contributed to the wrongful birth.
- Witness Statements: Statements from witnesses, such as genetic counselors, nurses, and other medical professionals involved in providing care or information to the parents, can provide insights and corroborate the sequence of events leading to the alleged negligence.
Steps in the Legal Process of Filing a Wrongful Birth Case in PDX
If you are planning on pursuing legal action for negligence during your birth, here are the recommended steps to take:
- Initial Consultation: The process begins with an initial consultation with our personal injury attorney who specializes in childbirth cases. We evaluate the case’s merits and advise on the best course of action.
- Filing a Complaint: If the decision is made to proceed, our attorney files a complaint in the appropriate court, outlining the allegations of negligence and the damages sought.
- Discovery: During discovery, both parties exchange evidence, including medical records, expert reports, and witness statements. Depositions of witnesses, including medical experts, may also be conducted during this phase.
- Trial: If the case does not settle, it proceeds to trial. At trial, each side presents their case, including witness testimony and evidence, to a judge or jury. The judge or jury then determines whether negligence occurred and, if so, the appropriate damages.
- Verdict and Appeal: Following the trial, the court issues a verdict. Either party may appeal the verdict if they believe legal errors were made during the trial or if they disagree with the outcome.
Statute of Limitations for Wrongful Birth Claims in Oregon
In Oregon, the Statute of Limitations for medical malpractice is typically two years from the date of injury. (ORS 12.110).
Consult with our Portland wrongful birth attorneys to understand best how the time limits apply to your circumstance, as exceptions may apply.
Contact Our Portland Wrongful Birth Lawyers Today
If you believe that you have a wrongful birth case and are seeking legal representation in Portland, Oregon, our experienced wrongful birth attorneys at Goldberg & Loren are here to help.
We understand the emotional toll and financial burdens that come with raising a child with disabilities or genetic conditions, and we are dedicated to fighting for your rights and seeking the compensation you deserve. With our expertise in wrongful birth cases, we will guide you through the legal process and advocate for your best interests.
Contact us today to schedule a free consultation with our wrongful birth lawyers in Portland. We offer compassionate and personalized assistance to help you navigate the complexities of your case and seek justice for your family.
Book a free consultation today!
FAQs
Generally, wrongful birth claims are filed by parents (often both parents jointly) who argue that had they been properly informed about the risks or conditions affecting their child, they would have made a different decision regarding the pregnancy.
Yes, genetic counselors can be held liable if they fail to provide accurate information or counseling regarding genetic conditions that influence the parents' decision-making regarding pregnancy.
Yes, many wrongful birth claims are settled through negotiations between the parties before reaching trial. Settlements can allow families to receive compensation without requiring a lengthy court process.
Source:
[1] Oregonian/OregonLive, A. G. (2012, March 10). Jury awards nearly $3 million to Portland-area couple in “wrongful birth” lawsuit against Legacy Health. Oregonlive. https://www.oregonlive.com/portland/2012/03/jury_rules_in_portland-area_co.html
Goldberg & Loren
6500 S Macadam Ave #380
Portland, OR 97239
(971) 339-8080
We fight hard for our clients who have been victims of the devastating consequences of wrongful birth in Portland, Oregon. Our personal injury lawyers fight for maximum compensation.
George Goldberg
Senior Partner
We Represent Families Who Have Experienced a Wrongful Birth in the Following Cities and Communities Near Portland, Oregon.
- Beaverton, OR
- Hillsboro, OR
- Vancouver, WA
- Clackamas County, OR
- Clark County, WA
- Columbia County, OR
- Multnomah County, OR
- Skamania County, WA
- Washington County, OR
- Skamania County, WA
- Yamhill County, OR
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