How Can “Wrongful Birth” Lead to a Medical Malpractice Claim?July 1st, 2015
With the advance of surgical techniques and improved knowledge about both the child and the mother’s health, complications at birth are less common than they once were. In spite of this, physician negligence can still cause serious and potentially fatal injuries.
If the negligence of a health-care worker causes the mother or child injuries during the birthing process, then the victims may be able to file a medical malpractice lawsuit. But what happens if a physician fails to identify a birth defect before the pregnancy?
“Wrongful birth” refers to a medical malpractice case in which the physician failed to notice a defect that may have caused the mother to avoid the pregnancy. If you, your spouse or a loved one has been a victim of medical malpractice, we can help.
At The Bowling Christiansen Law Firm, we have the knowledge and resources to help you file a lawsuit against the at-fault physician. A New Orleans medical malpractice lawyer from our Firm can evaluate your circumstances, handle settlement negotiations and litigate your case if it goes to court.
Physician negligence during the birthing process can cause long-term or permanent damage to the baby or mother. These injuries may require expensive medical treatment, but a successful medical malpractice lawsuit can help you recover compensation to pay these costs. To find out if you have a case, call The Bowling Christiansen Law Firm today at (504) 586-5200 to schedule an appointment.
What Is Wrongful Birth?
According to the International Center for Bioethics, Culture and Disability, wrongful birth usually means that a mother sues a doctor or health-care worker for the burden of giving birth to a disabled child, which she may have be able to avoid.
In other words, if you believe the doctor should have known about a serious birth defect that, had you known, might have led you to avoid the pregnancy, you may be able to file a successful medical malpractice claim.
Lawyers will base most of these claims are on a doctor’s negligent genetic testing performed before the child’s conception, or the doctor’s failure to detect impairments during the early stages of pregnancy.
Many states limit the damages that a plaintiff can claim for wrongful birth, but you may be able to recover damages to pay for the expenses related to the defect or disability. This may include rehabilitation, educational therapy and medical expenses. You may also be able to recover compensation for pain and suffering.
Any medical malpractice case is a stressful experience, but those involving children and birth injuries are often more traumatic and complex. As a victim of medical malpractice, filing a claim against the at-fault party not only can help you recover compensation, but it can also prevent other people from falling victim to the same negligence.
To speak with a medical malpractice attorney in New Orleans, contact The Bowling Christiansen Law Firm. We can assess your case to determine if you may have a legitimate claim. Call us today at (504) 586-5200 to get started.