If a doctor’s mistake kept you from knowing about a serious condition during pregnancy, you may be wondering if you can hold them responsible for not giving you the chance to make an informed choice to continue the pregnancy. In Florida, we at Anidjar & Levine can help confirm if you can sue for wrongful birth if your doctor was at fault.
To explore your legal options, it’s important to consult with a knowledgeable Fort Lauderdale birth injury lawyer who can help you understand your rights and determine the best course of action for your situation.
What Constitutes a Valid Wrongful Birth Claim?
A valid wrongful birth claim arises when a doctor fails to detect and disclose a serious medical condition or genetic disorder during pregnancy, not allowing you the opportunity to make an informed decision about whether to continue the pregnancy.
These claims do not allege that the doctor caused the condition. Instead, they focus on the provider’s failure to diagnose or communicate information that could have influenced your choice. And with Florida’s strict six-week abortion law, your doctor should have alerted you to any medical issues so you could’ve quickly taken the necessary action.
Typically, wrongful birth lawsuits are based on negligent prenatal care. For example, an obstetrician may fail to order standard genetic testing, misread an ultrasound, or overlook signs of a congenital disability. To succeed in a wrongful birth claim, you must show that:
- The doctor failed to properly identify or disclose the condition during pregnancy.
- If properly informed, you would have considered terminating the pregnancy.
- The child was born with a significant disability or medical condition.
- The family suffered emotional and financial harm as a result.
What Types of Conditions are Common in Florida Wrongful Birth Cases?
Wrongful birth cases typically involve serious medical conditions or genetic disorders that significantly impact a child’s quality of life. Common conditions involved in wrongful birth claims include:
- Down syndrome: Often detectable through genetic screening and diagnostic tests like amniocentesis.
- Spina bifida: A neural tube defect that can sometimes be seen on ultrasounds or indicated by abnormal blood tests.
- Cystic fibrosis: A hereditary condition that may be identified through carrier screening and genetic testing.
- Congenital heart defects: Some of these may be visible during routine ultrasounds and require early planning for medical intervention.
Tay-Sachs disease and other metabolic disorders: These can be detected through genetic screening, especially in high-risk populations. - Anencephaly and other severe brain abnormalities: Often visible in standard mid-pregnancy ultrasounds.
What Evidence Do You Need to File a Wrongful Birth Lawsuit?
To file a wrongful birth lawsuit, you’ll need strong evidence that your doctor failed to detect or disclose a serious medical condition during pregnancy and that this failure directly impacted your ability to make an informed decision. Key evidence in a wrongful birth claim may include:
- Medical records: These can show whether recommended screenings, ultrasounds, or genetic tests were ordered, performed, and properly interpreted.
- Expert testimony: Medical experts can help explain what a competent doctor would have done in a similar situation and how your provider’s actions fell below that standard.
- Prenatal test results: If tests were done but results weren’t communicated or were misread, these documents can help prove negligence.
- Proof of damages: This includes documentation of the child’s medical condition, ongoing care needs, and the emotional and financial toll on your family.
- Personal statements: Testimony from both parents about what they would have done if they’d known about the condition can support the claim that you were denied an informed choice.
Our wrongful birth lawyers can help gather evidence so you can sue for wrongful birth in Florida if your doctor was at fault.
Damages Available in a Florida Wrongful Birth Lawsuit
If you’re pursuing a wrongful birth lawsuit in Florida, you’re likely wondering what damages you can recover. Our team can help you recover:
Medical Expenses
As you start a wrongful birth lawsuit, understanding the damages available to you is important. One important aspect of damages is medical expenses covered under a wrongful birth claim. These expenses can be substantial, and you may be entitled to compensation for:
- Ongoing medical care and treatment for your child’s condition
- Past medical expenses, including hospital bills, doctor’s fees, and medication costs
- Future medical expenses, including anticipated surgery, therapy, and other related costs
It’s important to work with an experienced attorney who can help you through the process of seeking compensation for these medical expenses. We can help you understand your coverage options and increase the chances that you receive the maximum amount of damages available to you.
Emotional Distress Damages
A wrongful birth lawsuit can be emotionally draining, and the emotional distress that comes with it is a significant aspect of the damages you may be entitled to. You may experience emotional trauma, including anxiety, depression, and post-traumatic stress disorder (PTSD), due to the unexpected birth of a child with a genetic disorder or disability.
As a plaintiff, you have compensation options available to you. You can seek damages for emotional distress, which may include compensation for therapy, counseling, and other mental health treatment. Additionally, you may be entitled to compensation for loss of enjoyment of life and pain and suffering.
Statute of Limitations of Suing for Wrongful Birth in Florida if Your Doctor Was at Fault
When you’re considering filing a wrongful birth claim in Florida, timing is important. You must file your claim within the statute of limitations, which is the timeframe allowed by law to bring a lawsuit. In Florida, the statute of limitations for wrongful birth claims is typically two years from the date of discovery.
Statute interpretation can be difficult, so it’s important to understand the claim deadlines that apply to your case. Failing to file within the statute of limitations can result in your claim being barred, making it important to seek legal guidance to guarantee you meet the necessary deadlines.
Our team is ready to help you file your claim on time so you can sue for wrongful birth in Florida if your doctor was at fault.
Learn More About Suing for Wrongful Birth in Florida if Your Doctor Was at Fault
You’ve learned that you can sue for wrongful birth in Florida if your doctor was at fault. At Anidjar & Levine, we understand the importance of seeking legal representation to guide you through the process and increase the chances that you receive the compensation you are entitled to.
Contact us today for a free consultation.
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