Due to the ever-growing technological advancement in reproductive medicine, medical doctors now give parents more information on fetal health and genetic conditions. However, this has not stopped wrongful birth as babies continue to be born with defects. Again, parents have continued giving birth to unwanted babies. The argument is that the doctor has the capability of knowing what to do to stop pregnancy or how parents can avoid getting a baby been born with defects. If you gave birth to a healthy baby, or a baby with defects and believe that the doctor would have advised you otherwise; you may have a claim.
Wrongful Pregnancy And Wrongful Birth Claim
Wrongful pregnancy and wrongful birth are two debated types of lawsuits that have resulted in compensation worth millions of dollars. A wrongful pregnancy claim is brought about due to birth of unwanted babies, while a wrongful birth relates to damages claimed by the parents when a child is born with a disability. The cause is connected with health care provider’s negligence. Currently, the number of such cases continues to rise. If you have a wrongful pregnancy or a wrongful birth legal action, the best way to handle your case would be to talk to top attorneys in Wasilla Alaska, and obtain informed advice depending on your circumstances’ uniqueness. If your doctor misinformed you, you might have a case. However, for any compensation, conclusive evidence must be provided. It must be proven that:
- The doctor owed a duty of care to the parent.
- There was a breach of duty.
- And as a result, damages were incurred. The elements of damage must also relate to the cost to be used to raise the child.
Wrongful Pregnancy Medical Malpractice Claims
Many parents avoid giving birth for several reasons. That’s why there has been increasingly voluntary sterilization. However, this activity has not stopped wrongful pregnancy or conception, leading to many legal actions against healthcare providers. If an unwanted healthy baby is born, the parents can either sue the doctor, the hospital, or both. However, for any successful claim, the court must be satisfied with the evidence provided and whether the state recognizes the wrongful pregnancy cause of action. Typically, when parents get a healthy but unwanted child, they may have the right to file a birth related medical malpractice claim. Some of the examples why such a claim may arise include:
- A doctor negligently performs a sterilization procedure or abortion.
- A patient is misinformed about the contraceptives used and, as a result, conceives and delivers an unwanted but healthy baby.
Wrongful Birth Medical Malpractice Claim
A parent has a right to sue if the doctor failed to prevent the child’s birth, and the baby was formed with disabilities. Some of the examples that may warrant a wrongful birth claim include:
- Negligence by the doctor for failure to detect impairments-mental or physical in the early stages of the pregnancy
- A doctor misinforms a patient that their child is healthy and hence the parent never takes any step to abort the pregnancy.
- The doctor failed to conduct genetic testing before the parent conceived.
Usually, such claims are based on negligence on failure to conduct genetic disposition before pregnancy. Wrongful birth claims are meant to ensure the parents recover damages. The mother can argue that if she had the information about the disabilities, she would have either aborted the baby or chosen other ways to avoid conceiving. If the claim is successful, the parents can recoup back:
- Pregnancy medical expenses
- Cost they have to endure to raise the child with special needs
- Psychiatric treatments resulting from emotional distress after the parents realized the baby was deformed.
The obvious response is that the child would not have existed were it not for the negligence. And the remedy is a wrongful birth lawsuit.
If you have a wrongful birth, it may be hard to bring up a child with disabilities. Such cases are hard to deal with and require a shoulder to lean on. It’s a good idea to have a medical malpractice lawyer review your case and provide the best strategy to get compensated. The fact is that had the defendant been not negligent, the plaintiff could not have been born to suffer. The certainty of genetic impairments is not a mystery, and as such, the health care provider should have known and advised accordingly. The main idea why such claims carry a lot of weight is to improve patient care and reduce the occurrence of malpractice cases. Since birth related cases and medical malpractice cases are complex, one should consider looking for an experienced medical malpractice lawyer to know how to go about their legal issues. Since each state has its own laws, having a lawyer with experience on medical malpractice litigations can greatly help.