Did your obstetrician fail to warn you of the risks of carrying your pregnancy to term? Was your child born with congenital disabilities? If so, you may have grounds for a wrongful birth lawsuit.
A wrongful birth lawyer from Newsome | Melton can help. We offer a free case evaluation to review your situation and discuss your options with you.
For your free case evaluation, call our office at 888-526-8947.
How a Wrongful Birth Can Lead to a Medical Malpractice Claim
During a woman’s pregnancy, her obstetrician, midwife, or other involved medical professional has a duty to monitor both her health and the health of the fetus. If the obstetrician or midwife detects any abnormalities or complications, they must inform the mother and provide her with options.
In a wrongful birth malpractice lawsuit, the mother claims that because of the medical provider’s failure to uphold this duty, she lacked the information she needed to make an informed decision about her pregnancy. As a result, she carried the pregnancy to term and delivered a baby with severe medical complications.
Because of the child’s medical complications, the mother will typically claim in the lawsuit, she has suffered financial losses and other damages, such as mental anguish and the inability to foster a normal relationship with her child.
Examples of Wrongful Birth Situations
Typically, a pregnancy can lead to a wrongful birth lawsuit in two situations.
Failure to Diagnose a Condition
One, the obstetrician or midwife fails to diagnose a condition in the mother or fetus during pregnancy that has a high probability of resulting in a birth defect. For instance, the mother develops rubella during the first trimester, which gets passed to the baby in the womb.
Failure to Warn of a Condition
Two, the medical provider is aware of a genetic condition in either the mother or father and fails to provide appropriate genetic counseling to inform them of the risks of conceiving a child. Lacking this information, the couple decides to get pregnant, and the child is born with a congenital defect.
In either situation, the obstetrician or midwife had a duty to inform the parents and failed to uphold that duty. The parents, resultingly, may have grounds for a wrongful birth lawsuit and compensation from the medical professional.
The Damages You Can Recover in a Wrongful Birth Lawsuit
In a successful wrongful birth lawsuit, you could recover compensation to pay for the financial damages you have incurred as a result of your child’s condition. These damages may include:
- Medical expenses
- The cost of monitoring and supervision
- Paying for special tutors/home schooling if your child requires special schooling due to their birth defects
- Modifications to your home
You may also receive compensation to cover noneconomic damages. These include items such as pain and suffering and emotional distress.
The Four Elements of a Successful Wrongful Birth Lawsuit
For your wrongful birth lawsuit to be successful, we must prove four conditions to be true. They are as follows:
Your Medical Provider Owed You a Duty of Care
That is, your obstetrician or midwife had a duty to warn you of the possible complications of carrying a pregnancy to term and giving birth.
Your Medical Provider Did Not Uphold Their Duty of Care
Your obstetrician or midwife failed to uphold their duty by offering reasonable counseling on the risks of bringing your pregnancy to term. We will bring in medical expert witnesses to testify as to how your obstetrician should have approached your situation and how they fell short.
You Suffered Harm Because of Your Medical Provider’s Failure
Because your obstetrician or midwife failed to provide you with appropriate counseling and information, you delivered a baby with severe medical conditions. We will demonstrate that had your obstetrician or midwife done their job correctly, you would have terminated the pregnancy and avoided the harm both you and your child suffered.
You Incurred Economic and Noneconomic Damages
Your child’s medical condition has caused you to incur both economic and noneconomic damages. We will itemize these damages, assign dollar values to them, and aggressively fight to recover the full amount.
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