What is a Wrongful Birth Lawsuit?
A wrongful birth lawsuit is a type of medical malpractice lawsuit. With a wrongful birth lawsuit, the family of an abnormal, unhealthy child may bring a claim against a health care provider, alleging that the provider's negligence deprived them of their right to decide whether to avoid the birth. While wrongful birth laws in courts throughout the nation vary, in Washington DC, our courts have recognized that parents deserve some measure of relief when this type of medical malpractice occurs.
Do I Have a Wrongful Birth Lawsuit?
Medical mistakes which deprive families of their right to decide whether to avoid the birth of a child with congenital abnormalities can have devastating financial and emotional consequences for parents. Here are some examples of medical mistakes in a wrongful birth action:
- A healthcare provider's failure to screen or diagnose, resulting in the birth of a child with serious birth defects or similar conditions.
- A healthcare provider's failure to disclose that a fetus may have birth defects and/or complex medical problems that will likely be painful and costly if the child is born.
- A healthcare provider's failure to advise about the option of terminating a pregnancy.
A parent or family that experiences devastating consequences as a result of a physician's medical mistake is entitled to compensation. If you believe that you or a loved one may have a wrongful birth lawsuit, contact us for a free, no-obligation consultation. Alternatively, our firm also specializes in cerebral palsy lawsuits, birth injury lawsuits, and genetic testing lawsuits.
What Makes a Medical Malpractice Lawsuit Meritous?
In order to bring a successful medical malpractice claim or case, the claimant must prove that the health care provider acted negligently and that this negligence caused an injury and damage. Proving a case requires obtaining and reviewing medical records in conjunction with experts and then presenting the claim, with supporting evidence.
Lawyers specializing in wrongful birth lawsuits have the knowledge and expertise to find the mistakes doctors made, gather expert witnesses, and hold negotiations for a settlement in your favor.
What Damages Could I Recover in a Wrongful Birth Lawsuit?
The law gives families who have a wrongful birth action the right to recover for both their economic and emotional damages. With a wrongful birth lawsuit, you may be able to recover for:
- Past and future medical costs, including lifetime care costs for the child
- Pain and suffering
- Physical therapy
- Lost wages in situations where a medical mistake and resulting child care costs prevents one or more parents from working
- Other damages
Our firm has decades of experience with wrongful birth claims, to better assist you in your case. View our verdicts and settlements for more information on our history of success.