Wrongful births refer to the scenario when the medical practitioner fails to inform or diagnose any deformity or medical ailments that can act as vital factors for deciding whether parents want to conceive the baby or not. When parents give birth to a baby with deformities or health issues due to the negligence of doctors, they have a right to sue the medical professional or hospital for compensation. The parents can seek damages for wrongful birth if a doctor fails to carry out or interpret the parental tests or withhold the information about potential health deformities and risks to parents.
Situations where parents can file wrongful birth lawsuits
To understand What is a wrongful birth it is necessary to understand the situation that can lead to wrongful birth claims by the parent. Below are the scenarios that can result in Wrongful birth cases:-
- When the doctor failed to perform the necessary prenatal tests.
- Inaccurate diagnosis on behalf of the medical practitioner.
- Failure on behalf of doctor to provide the information about genetic conditions.
- The medical provider pushes his beliefs on the parents.
- Misinterpretation of the test results by the doctor leading to wrong information.
Though the laws governing wrongful birth lawsuits may differ in different states, every state expects medical practitioners to disclose information about the unborn baby. Such information is vital to shape the parent’s decision to whether give birth or not. If doctors fail to provide the necessary information and the child is born with a deformity or any other medical issues, parents can sue the doctor or hospital for a wrongful birth claim.
Wrongful birth v/s Wrongful pregnancy
It is common for people to confuse these two terms. It is vital to understand the difference between both of them to understand what is wrongful birth. When the child is born with complications or deformities that the doctors fail to interpret, it refers to wrongful birth. The parents may abort the child or discontinued the pregnancy if the doctor has communicated about such problems in advance.
On the other hand, wrongful pregnancy does not involve the birth of the child. It refers to a situation when the parents using the methods such as abortion or sterilization to avoid pregnancy still conceives a child due to negligence of the doctors. Parents can claim for wrongful pregnancy even if the child is healthy.
Similarly, you need to understand one more term called wrongful life claims. Though it seems identical to the concept of wrongful birth, the key difference is that it is a claim made by or on behalf of the child claiming that their birth may have been prevented, if the medical practitioner had provided the appropriate information and advice to parents of a child. Such claims are often rejected by the courts, as they often claim life as an injury. Such claims are unjustifiable in the context of constitutional guidelines.
What compensation can a wrongful birth lawyer help me recover?
If you feel that your child is a victim of wrongful birth, you can take help from a competent birth injury lawyer to get adequate compensations for it. Before you file a lawsuit, you should understand that wrongful birth claims are not similar to the usual medical malpractice lawsuits. Below is the compensation that your lawyer can help to recover:-
- Expenses for treating and medical care of congenital problems
- Cost of any special equipment for treatment and special care of the child.
- Expenses for modification of home for a disabled child
- The expense for any special education of the disabled child
Moreover, having the guidance of a suitable lawyer will also help you to determine whether you are liable for any claims or not by assessing the situation. They also help you to overcome the financial burden and medical costs that you need to incur to support a life of a wrongful child.