Wrongful birth is often a confusing term. But it happens more than you would think. It’s important to know what it is and how to protect yourself. Your best defense in any birth-related case is, first, know the facts and be aware of your rights and, second, partner with someone who is experienced in the field of medical malpractice with an emphasis in obstetrics.
Wrongful birth is a legal claim or cause of action where a parent (or parents) argues that a doctor didn’t properly diagnose a serious medical problem with an unborn fetus, didn’t properly warn the parent of the risk of conceiving or giving birth to a child with a serious medical problem, or deprived the parent of making an informed decision about whether to terminate the pregnancy because of a serious medical problem with the fetus (the last two typically are closely related).
In a wrongful birth action, the parents claim that the doctor should have warned them about their child’s impending birth defects and that if they had known, they would have either avoided the pregnancy or ended the pregnancy.
Usually, the claim is based on negligent genetic testing before the child was conceived or negligent failure to detect mental or physical impairments in the early stages of pregnancy.
What can you do?
The damages available for a wrongful birth case usually include the costs associated with the child’s disorder – medical expenses and educational therapy. The parents may also be able to claim damages for the emotional pain and suffering associated with the birth and raising the child.
To defend yourself from wrongful birth, a strong case must be built by a professional with experience in obstetrics malpractice.
Prochaska, Howell & Prochaska LLC have extensive experience and an in-depth understanding of wrongful birth cases. If you find yourself in a wrongful birth situation or have any questions regarding wrongful birth, give Prochaska, Howell & Prochaska a call to find out what you can do to help you through this often complex process.