Coping with a wrongful birth claim is difficult and comes with many challenges. Throughout a pregnancy the expectant mother has the right to test the fetus for certain medical conditions and impending birth defects. If a doctor runs these tests and determines there is a complication, parents then should have the right to decide if they want to continue with the pregnancy.
Types of wrongful birth cases
Wrongful birth is a cause of action or legal claim made by parents against a healthcare professional or hospital. In these cases the parents can argue:
- There was wasn't a proper diagnosis made about a serious medical issue of their unborn fetus.
- They were not warned about the risks associated with carrying or birthing a child with a serious medical issue.
- They felt deprived of being able to make an informed decision about whether to terminate the pregnancy due to the medical condition.
- There was negligence with pre-pregnancy genetic testing.
Compensation for wrongful birth cases
You might consider filing a wrongful birth claim to help cover the following:
- Medical expenses associated with the birth and future care for the child.
- Expenses for tuition if the child needs special schooling due to their condition.
- Emotional and mental distress/pain and suffering damages for the family.
Suing for medical malpractice due to wrongful birth does not make you a bad parent or mean you love your child any less. It is merely a way to help your child and family live the best life they possibly can given the horrible circumstances you're facing. It is also a way to hold those accountable who should have been there to identity these issues during your pregnancy.
If you feel like you might have cause to make a wrongful birth claim or are unsure about your situation, contact an attorney right away.