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Wrongful Birth

What is Wrongful Birth? 

Wrongful birth is a legal action taken by the parent or parents of a child born with severe medical issues. Typically, the plaintiffs (the parents) file a claim against a healthcare professional or a hospital. Their basis is that the defendant either provided negligent genetic counseling, or misdiagnosed the condition of the fetus, which resulted in the birth of an infant with severe congenital defects that will require extensive (costly) medical treatment.

In some instances, the birth defects are so severe that the parents are unable to develop any type of normal relationship with their child.

Wrongful Birth Liability

Doctors have an obligation to inform their patients about any known risks or expected complications having to do with a pregnancy. Failing to do so can result in a wrongful birth lawsuit where the parents claim they did not have the medical information necessary to make a fully informed decision about whether to carry a fetus to term, or in the case of genetic testing, whether to conceive in the first place.

Wrongful Birth Damages 

Financial compensation may be awarded to parents who are successful in their wrongful birth action. The damages can include financial compensation to offset the expense of caring for a child with severe birth defects, regular medical monitoring, tuition for special schools if the child has a severe learning disability, and cost of future treatment.

Parents may also receive monetary compensation for emotional stress. It should be stated that the courts are not likely to award any compensation for what would be considered the ordinary costs associated with raising a child. Parents can usually expect to recover only those damages that can be directly attributed to the congenital defects. 

Shea Law Group 

Providing a patient with all the available information is part of the professional standard of care. When a healthcare provider fails to do so, they are considered to be negligent. If a child is born with severe birth defects, and the parents’ physician should have provided information about the likelihood of these defects, the parents may have a basis for a wrongful death lawsuit.

If you believe your doctor failed to inform you of pertinent information in regard to the health of your unborn child, you may have a right to compensation.  Our dedicated legal team at Shea Law Group will evaluate your case without charge or obligation. Reach out to an experienced Chicago medical malpractice attorney today. Call (877)-365-0040 or fill out a contact form online.