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Wrongful birth refers to a legal concept in which parents sue for the birth of a child with disabilities or genetic conditions, claiming that they were not properly informed or offered the option to terminate the pregnancy. [1]
In some cases, this 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 have 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.
Are you or a loved one in Portland, Oregon facing the devastating consequences of a wrongful birth?
Contact us today to schedule a consultation and take the first step toward getting the support and compensation you and your family deserve.
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 Type of Wrongful Birth Injuries 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 injuries that may be the basis for a legal claim include:
- Birth Defects: Birth defects are another common type of wrongful birth injury. These 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.
What Damages Can I Seek in a Wrongful Birth Case in Oregon?
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. Consulting with our experienced wrongful birth lawyer in Portland, Oregon at Goldberg & Loren, will help determine what damages may be applicable in your particular situation.
Contact Our 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 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!
Source:
[1] Wrongful Birth Lawsuits. (2021, October 20). Justia. https://www.justia.com/birth-injuries/wrongful-birth/
Goldberg & Loren
6500 S Macadam Ave #300
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.
We Represent Wrongful Birth Victims 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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