A wrongful birth lawsuit is when you seek compensation from the medical professional who managed your pregnancy because they failed to inform you of severe birth defects or lifelong disabilities present in the fetus. When you do not receive the information you need to make an informed medical decision, you can pursue the at-fault party for monetary damages.
Raising a child is a long-term commitment made more challenging when a child has special needs caused by a significant congenital disability. If you were careful to receive prenatal care and testing yet did not receive this crucial bit of information, our medical malpractice team can help you build a case that supports your right to compensation and negotiate a financial settlement.
What Constitutes Wrongful Birth?
A 1993 Florida Supreme Court decision, Kush v. Lloyd, confirmed the right of Floridians to sue for wrongful birth. In the decision, the court wrote:
“Wrongful birth” is that species of medical malpractice in which parents give birth to an impaired or deformed child and allege that negligent treatment or advice deprived them of the opportunity or knowledge to avoid conception or to terminate the pregnancy.
Our team will work with your child’s health care team to prove you have a viable case if one of the following occurs:
- You underwent genetic testing that produced flawed or faulty results
- Genetic testing was accurate, but your physician did not disclose the results
- Prenatal care failed to recognize or accurately diagnose your child’s disability
- Your chosen method of birth control or sterilization did not perform as promised
You might not realize the extent of your child’s impairment and the possible lifelong care and support they will require. Our team delves into your child’s medical records and prognosis to get a clear picture of their future. We use this information and information obtained from medical experts to assess the value of your case.
What Compensation Are I and My Child Entitled to Recover?
These factors will form the basis of the compensation you receive:
- The care you received throughout your pregnancy
- The degree of your child’s injuries
- The toll your child’s injuries will take on their life and yours
Our team investigates each of these factors, then builds a case to help you recover the following damages:
- Medical care, including specialized care, surgeries, medications, physical and speech therapy, in-home medical support, and assistive medical devices
- Physical and emotional pain and suffering that you and your child experience
- Lifestyle support and management for your child, including special education and modified personal transportation
We fight for the compensation you need to alleviate the financial burden of the ongoing care your child will require. We also help you recoup income you lost and might lose when your child’s care prohibits you from working.
Who Can I Pursue for Compensation?
According to the Cleveland Clinic, prenatal care is an essential part of a healthy pregnancy and delivery. Effective prenatal care follows every aspect of your pregnancy. For example, it identifies any potential risks to you or your unborn child. Your medical provider should explain these risks to you in detail, along with their possible effects on your child’s future health.
Prenatal care informs you of your expected delivery date and provides genetic testing and monitoring options. If you received inadequate care, it could form the basis for your case and could entitle you to pursue compensation from:
- Your doctor, whose negligence led to your lack of information
- The medical facility where the doctor practices
- Testing facilities that provided flawed test results
This list is in no way exhaustive. The best way to learn who bears the liability and how you can start building your case is to review the circumstances of your child’s birth with a member of our team at no cost to you.
How We Can Help You Prove Your Case
Every client we represent is a priority to us. We work hard to provide you with individualized, responsive legal care. Throughout our representation, we make sure you receive:
- The phone number to contact your lawyer
- Timely and ongoing updates on your case
- Responses to your questions and concerns
Our entire team goes the extra mile for you, even helping to schedule doctor’s appointments for you and your child. We aim to make the financial recovery process as seamless as possible, allowing you to focus on your child’s health while we take care of everything else.
Contact Our Team for Your Free Case Review
Did your medical team not provide the necessary information about your child’s potential birth defects to make an informed decision about continuing the pregnancy? If so, you might have the basis of a wrongful birth lawsuit.
Our case review team will listen to the details of your case and advise you of its feasibility. In addition, we could help you pursue compensation from the negligent party. Learn more today by calling our team at the Law Offices of Anidjar & Levine at 1-800-747-3733.
