Wrongful births are rare, but when they affect families, the financial and emotional consequences can last a lifetime. You now need a lot of money to care for your new baby and their undiagnosed congenital conditions.
At The Law Offices of Anidjar & Levine, we have experience with these sensitive cases. Our Florida wrongful birth lawyers can see if you have a valid medical malpractice case and help you get the compensation needed to adjust to your new reality.
Take back control of your life and help your child. Schedule a free consultation today to see what our Florida medical malpractice lawyers can do for you.
Understanding Wrongful Birth Claims in Florida
Unlike other birth-related claims, wrongful birth cases don’t assert that medical negligence caused the child’s condition. Instead, they focus on the healthcare provider’s failure to detect and disclose the condition, which prevented the parents from making an informed decision about the pregnancy.
In Florida, wrongful birth claims are legally recognized. The Florida Supreme Court has acknowledged parents’ right to recover damages when medical negligence deprives them of the opportunity to make informed decisions about pregnancy continuation.
To succeed in a wrongful birth claim, a Florida personal injury lawyer must generally prove four key elements:
- A doctor-patient relationship existed, establishing the healthcare provider’s duty of care
- The healthcare provider failed to meet the standard of care by not detecting or disclosing the condition
- If properly informed, you would have made a different decision regarding the pregnancy
- As a result, you now face extraordinary expenses related to caring for a child with special needs
Common scenarios that may give rise to wrongful birth claims include:
- Failure to order appropriate genetic testing or screening
- Misinterpretation of test results
- Failure to recognize fetal abnormalities on ultrasounds
- Inadequate genetic counseling or family history evaluation
- Failure to communicate test results properly
It’s important to understand that pursuing a wrongful birth claim doesn’t diminish your love for your child. These legal actions acknowledge the reality that caring for a child with special needs involves substantial financial costs and life adjustments that families have the right to prepare for or avoid.
Your Legal Rights As Parents
As parents, you have the right to receive complete and accurate information during pregnancy. This includes information about recommended tests, the purpose of those tests, and the significance of the results. Healthcare providers must inform you about available screening options for detecting genetic and congenital conditions, particularly if you have risk factors.
You have the right to make informed reproductive choices based on accurate medical information. When healthcare providers fail to provide this information, they deprive you of your reproductive autonomy, which is legally protected. This right forms the foundation of wrongful birth claims.
In Florida, you have the legal right to seek compensation for the extraordinary costs associated with raising a child with special needs. These damages may include:
- Medical expenses for treating and managing your child’s condition
- Therapy and rehabilitation costs
- Special education expenses
- Home or vehicle modifications
- Specialized equipment
- Caretaking expenses
You also have the right to seek compensation for emotional distress resulting from the unexpected challenges of raising a child with special needs that you were unprepared for due to medical negligence.
An experienced wrongful birth attorney in Florida can help you understand how these legal rights apply to your specific situation and guide you through the process of pursuing a claim while respecting your family’s values and privacy.
Building A Wrongful Birth Case
Building a successful wrongful birth case requires careful preparation and detailed evidence gathering. Our attorneys follow a comprehensive approach to develop a strong claim on your behalf.
The first step is a thorough review of all medical records related to your pregnancy and your child’s condition. This includes prenatal care records, ultrasound reports, genetic testing results, and your child’s medical records following birth. Our legal team examines these documents to identify potential instances of negligence.
Medical expert consultation is crucial for establishing the standard of care that should have been provided. We work with specialists in maternal-fetal medicine, genetics, radiology, and other relevant fields who can testify about what a reasonably competent healthcare provider would have done under similar circumstances.
We also need to prove causation—specifically, that the failure to diagnose your child’s condition prevented you from making an informed decision about your pregnancy. This often involves gathering evidence about your stated family planning goals, previous reproductive choices, and documented conversations with healthcare providers about potential abnormalities.
Gathering Evidence of Damages
Documenting your child’s current and future needs forms another critical part of building your case. We work with medical professionals, life care planners, and economic experts to project the lifetime costs associated with your child’s condition. This includes:
- Ongoing medical treatment and surgeries
- Physical, occupational, and speech therapies
- Specialized educational services
- Adaptive equipment and assistive technology
- Home modifications
- Caretaking services
Emotional impact evidence is also important, as wrongful birth cases recognize the psychological effects of being unprepared for a child with special needs. While you love your child, the emotional adjustment and stress are real factors that may be considered in your claim.
Throughout this process, we handle all communication with insurance companies and defense attorneys, allowing you to focus on your family. We prepare thoroughly for the possibility of trial while also pursuing fair settlement options that could resolve your case more quickly.
Work With Our Florida Wrongful Birth Attorneys
When you choose our law firm for your wrongful birth case, you gain a team of dedicated professionals committed to securing the resources your family needs while handling your case with sensitivity and respect.
Our approach begins with a free, confidential consultation where we listen to your story and help you understand your legal options. We recognize that discussing these matters can be emotionally difficult, and we create a supportive environment where you can speak openly about your experiences and concerns.
Contact us today to schedule a confidential consultation and learn how our experienced Florida wrongful birth attorneys can help your family pursue the compensation you deserve to care for your baby.
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