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Definition of Wrongful Birth
Wrongful birth refers to a legal claim brought by parents against medical professionals or healthcare providers for the failure to provide accurate genetic counseling or properly diagnose potential birth defects or genetic conditions during pregnancy. [1]
In a wrongful birth lawsuit, the parents allege that they would have chosen to terminate the pregnancy had they been properly informed about the risks and consequences of giving birth to a child with birth defects or genetic conditions.
The primary purpose of a wrongful birth claim is to seek financial compensation to cover the significant medical expenses and extraordinary costs associated with raising a child with severe birth defects.
Such claims arise from the alleged medical negligence or malpractice of the healthcare professional involved in the prenatal care of the mother or the genetic testing process.
It is important for the parents to consult a wrongful birth attorney with extensive experience in medical malpractice claims to navigate the legal complexities and seek fair compensation for the physical, emotional, and financial burdens caused by the wrongful birth.
Types of Wrongful Birth Claims
Wrongful birth claims arise when parents believe that they were not provided with adequate information or options to make reproductive decisions due to the negligence of medical professionals.
These claims can encompass various circumstances and conditions, each requiring a unique legal approach.
Understanding these different types of claims is crucial for parents seeking justice and financial compensation for the extraordinary expenses associated with raising a child with birth defects.
At Goldberg & Loren, our compassionate and experienced wrongful birth lawyers can navigate the intricacies of each case to ensure that parents’ rights are protected and their voices heard.
Genetic Conditions and Testing
Genetic conditions can have a significant impact on the health and well-being of both parents and their offspring. Recent advances in genetic testing have allowed medical professionals to identify inherited genes and abnormalities that can indicate potential birth defects.
Prenatal screening plays a role in detecting genetic disorders early on. High-resolution ultrasound, for instance, uses sound waves to create detailed images of the fetus, enabling doctors to assess its development and identify any potential abnormalities.
Chorionic villus sampling (CVS) and amniocentesis are diagnostic tests that can provide detailed information about chromosomal abnormalities or genetic disorders. [2]
By utilizing these prenatal screening techniques, parents can be better prepared for the potential challenges associated with genetic conditions, and medical care providers can develop appropriate treatment plans.
Genetic counseling can also provide valuable guidance to parents, helping them understand the implications of genetic conditions and make informed decisions about their pregnancy.
Medical Negligence and Malpractice
Medical negligence and malpractice are key factors in wrongful birth cases, where parents pursue legal action against the medical provider for failing to provide appropriate:
- diagnostic tests
- genetic counseling
- prenatal screening
In such cases, the medical providers responsible may be held accountable for not meeting the standard of care expected in providing comprehensive and accurate prenatal care.
This failure can lead to the birth of a child with genetic conditions or abnormalities that could have been detected or managed earlier.
Medical negligence refers to the breach of duty of care by healthcare professionals, which results in harm or injury to a patient.
In the context of wrongful birth cases, medical negligence occurs when doctors or other healthcare providers fail to conduct adequate prenatal screening and diagnostic tests or provide proper genetic counseling.
This negligence denies parents the opportunity to make informed decisions about their pregnancy and potentially prepare for the challenges associated with genetic conditions.
The consequences of medical negligence and malpractice in such cases can be devastating and can significantly impact a child’s quality of life, such as:
- birth injuries
- lifelong medical conditions
- severe birth defects
Families may bear the burden of substantial medical expenses and extraordinary care costs.
By seeking legal action and working with our experienced wrongful birth attorneys, at Goldberg & Loren, families affected by medical negligence can pursue justice and seek fair compensation for the physical, emotional, and financial consequences they have endured.
Injuries at Birth or After Delivery
Birth is supposed to be a joyous occasion, but unfortunately, there are instances where injuries can occur during the birthing process or shortly after delivery.
These injuries can have long-lasting effects on the health and well-being of the newborn and may be attributed to medical negligence or malpractice.
One type of injury that can occur during birth is a brachial plexus injury. The brachial plexus is a network of nerves that controls movement and sensation in the arm, hand, or shoulder.
When excessive force or improper handling is used during delivery, it can lead to stretching, tearing, or complete rupture of the brachial plexus nerves. This can result in:
- loss of sensation
- paralysis
- weakness
Shoulder dystocia is another type of injury that can happen during birth. It occurs when a baby’s shoulders become stuck behind the mother’s pelvic bone. This can cause significant complications which may lead to injuries including:
- fractures
- nerve damage
- oxygen deprivation
Asphyxia, or lack of oxygen, is a serious injury that can occur during birth. It happens when the baby’s oxygen supply is compromised in the womb or during delivery. Asphyxia can cause brain damage, leading to conditions such as:
- cerebral palsy
- developmental delays
- intellectual disabilities
- seizures
These injuries can often be attributed to medical negligence or malpractice. Factors such as improper use of instruments, delay in performing a cesarean section when necessary, failure to monitor the baby’s heart rate, or failure to respond appropriately to signs of distress can contribute to these injuries.
The consequences of these injuries can be devastating and may require a lifetime of medical care, rehabilitation, and support. Families may face emotional, physical, and financial challenges in caring for a child with long-term disabilities.
If your child has suffered injuries at birth or after delivery, it is essential to consult with our experienced wrongful birth lawyers at Goldberg & Loren, who can evaluate your case and help you seek fair compensation for the harm caused by medical negligence or malpractice.
Standard of Care Violations
In wrongful birth cases, one of the key elements examined is whether there has been a violation of the standard of care by medical providers.
The standard of care refers to the level of skill, care, and diligence that a reasonably competent healthcare professional would provide under similar circumstances.
Medical professionals, including doctors, nurses, and other healthcare providers, can be held accountable if they fail to meet the standard of care during prenatal care or delivery.
This means that they may be considered negligent if they do not provide the level of care that is expected and required to ensure the health and safety of both the mother and the unborn baby.
Some actions or omissions that can be considered standard of care violations in wrongful birth cases include:
- Failure to perform necessary genetic testing or counseling to identify and inform parents of potential genetic conditions or birth defects.
- Failure to properly monitor the mother and baby's health during prenatal care, including failure to detect and address any signs of distress or complications.
- Failure to take appropriate action during delivery, such as delaying a necessary cesarean section or using excessive force or improper handling, which leads to birth injuries.
When medical professionals fail to meet the standard of care, they may be held legally accountable for the damages caused by their negligence.
This can include medical expenses, ongoing care and treatment costs, as well as compensation for the physical and emotional pain and suffering experienced by the child and their family.
Who Can File for Wrongful Birth?
Wrongful birth lawsuits can be filed by various individuals or parties who meet certain eligibility criteria. In general, parents or legal guardians are the ones eligible to file a wrongful birth claim.
To be eligible for a wrongful birth lawsuit, certain requirements need to be met. These may vary depending on the jurisdiction but typically include:
- Causation: The parents or legal guardians must be able to demonstrate that if they had been properly informed, they would have decided not to bring the child to term.
- Failure to diagnose or inform: The healthcare provider(s) must have failed to properly diagnose or inform the parents or legal guardians about a potential genetic condition or birth defect that would have influenced their decision to continue or terminate the pregnancy.
- Pre-natal care relationship: The parents or legal guardians must have had a doctor-patient relationship with the healthcare provider(s) involved in the prenatal care.
Our attorneys can provide guidance and legal advice to help determine if filing a wrongful birth lawsuit is appropriate and viable.
Compensation for Wrongful Birth Cases
In wrongful birth cases, various types of compensation can be awarded to the parents or legal guardians. These compensations aim to provide financial support for the medical costs incurred, future medical expenses, emotional suffering, and lost income.
When a child is born with birth defects due to medical negligence or failure to diagnose, the parents may be entitled to compensation for the medical costs already incurred. This includes expenses related to:
- Treating the birth defect - Treatment for a birth defect can be expensive, and the parents may be eligible to receive compensation for any expenses incurred. This can include surgery, medications, physical therapy, or other treatments required to manage the condition.
- Ongoing care - Many birth defects require long-term care and treatment that can be costly and difficult for families to manage. Compensation may be awarded for any future medical costs.
- Emotional suffering - Wrongful birth cases may involve mental anguish and emotional suffering, often due to the parents feeling responsible for bringing a child into the world with a disability or genetic condition. These damages may be recovered in a wrongful birth lawsuit.
- Lost income - When one parent is forced to stop working to care for a child with a birth defect, the family may be eligible to receive compensation for lost wages.
Contact our wrongful birth attorneys as soon as possible to ensure that all applicable statutes of limitations are met in order to recover damages.
Contact Our Wrongful Birth Attorneys Today
At Goldberg & Loren, our experienced personal injury attorneys can help you and your family navigate the legal process and ensure that you receive the best possible outcome for your case.
We understand the financial burden a birth defect can put on a family, and we are committed to helping you get all of the compensation you deserve.
We have the experience and knowledge to provide comprehensive legal advice and representation in wrongful birth cases, and we are available to answer any questions you may have.
Call us at 1-800-731-4878 for a free consultation or fill out the form.
Sources:
[1] Wrongful birth. (n.d.). In Merriam-Webster Dictionary. https://www.merriam-webster.com/dictionary/wrongful%20birth#:~:text=noun,avoid%20or%20terminate%20the%20pregnancy
[2] Chorionic Villus Sampling (CVS). (2019, November 19). Chorionic Villus Sampling (CVS) | Johns Hopkins Medicine. https://www.hopkinsmedicine.org/health/treatment-tests-and-therapies/chorionic-villus-sampling-cvs
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