Chicago Wrongful Birth Attorneys
Wrongful Birth Lawsuits
We depend on doctors to give us medical information that is complete, accurate, and timely. We also expect them to choose the right tests to conduct, interpret those tests properly, and diagnose our conditions correctly. Without this information, we simply can’t make smart medical decisions for ourselves or our families. Receiving the right information quickly is important no matter what the situation, but getting the right medical information about childbirth and fetal development is one of the most important.
Since 1990, the Chicago medical malpractice attorneys of Mitchell S. Sexner & Associates LLC have helped families affected by medical failures and mistakes. Call (800) 996-4824 for free information about how we can be of help.
What Is Wrongful Birth?
When a doctor makes a mistake and commits medical malpractice that results in the death of a patient, the lawsuit that is filed is called a "wrongful death" suit. In such a lawsuit, the attorney will seek monetary damages from the doctor, hospital, or others involved to try to compensate the family for the loss of their loved one and for the pain and suffering experienced by wrongful death.
A "wrongful birth" claim, however, is a lawsuit against a doctor who commits medical malpractice by failing to fully inform the parents about the health of their unborn baby; a failure that may affect the parents’ choices about the child’s birth. Usually, such a suit relates to a baby who is born with serious birth defects or life-long conditions. By filing such a lawsuit, the parents are essentially saying that the doctor’s mistakes deprived them of the choice to terminate/abort the pregnancy, because the doctor gave incorrect or delayed information about fetal development. In this type of lawsuit, the attorney will seek monetary damages to help pay for the added costs of caring for the child and sometimes emotional distress for the parents as well.
Filing a wrongful birth lawsuit does not mean that these parents love their child any less or wish that their child had not been born. Not at all. It is a lawsuit that is filed to force the negligent doctor to accept legal responsibility for his or her errors. Every patient has a right to correct medical advice from their doctor; especially expectant parents, because they must make the hardest choice of all about whether to bring a new life into this world. When a doctor commits medical malpractice in this regard, and, in effect, steals away a parent’s choice, a wrongful birth lawsuit may be the correct path to justice.
Medical Mistakes Which Lead to Wrongful Birth Lawsuits
When a wrongful birth lawsuit is filed, it is not necessary to prove that the birth defect, abnormality, or condition was caused by the doctor. Other types of birth defect and childbirth injury lawsuits can be filed in those situations. Even when the doctor was not at fault for the condition and it was an unavoidable, a wrongful birth lawsuit can still be appropriate. Some errors which may lead to a wrongful birth lawsuit include:
- A failure to conduct proper prenatal testing, such as ultrasound.
- A failure to properly read or interpret diagnostic testing, either by the doctor, radiologist, or other technician.
- A failure to share known information with the parents, especially if this failure may have been due to the doctor’s own moral or religious convictions.
- A failure to properly investigate whether the baby was at greater risk for birth defects, congenital heart defects, or other medical conditions due to family genetics.
- Providing negligent genetic counselling before conception, artificial insemination, in vitro fertilization, or the like.
Other Types of Similar Lawsuits
People deserve full medical information from their doctors so that they can make the very best medical decisions. A few other similar types of lawsuits include:
- Wrongful Pregnancy/ Wrongful Conception - A lawsuit that can be filed against a medical provider or drug company when a woman becomes pregnant even though she underwent a sterilization procedure.
- Wrongful Life - A lawsuit that is much like a wrongful birth claim, but is filed by the child (rather than by the parents).
- Wrongful Adoption - A lawsuit that can be filed against an adoption agency when they fail to disclose a child’s genetic risks or health problems.
The availability of wrongful birth lawsuits, as well as these other similar lawsuits, varies widely from state to state. Our attorneys can help you determine whether such a claim is allowed in the state in which you live.
Filing a Wrongful Birth Medical Malpractice Claim in Illinois
Like any other medical malpractice lawsuit, a wrongful birth claim is a very complicated matter that requires the help of an experienced and aggressive legal team. Insurance companies for doctors and hospitals hire teams of lawyers to vigorously fight on their behalf. Parents who wish to file a medical lawsuit need strong legal representation on their side.
Since 1990, Mitchell S. Sexner & Associates LLC has been responsible for millions of dollars collected for clients and their families. No attorney fees are ever charged unless our firm is successful. In the case of wrongful birth claims, financial compensation may be available for:
- Tuition for special schools
- Regular medical monitoring
- Daily care and specialized health care
- Parents’ emotional and mental distress
It is medical malpractice when a health care provider fails to inform parents of important medical information, fails to perform proper testing, or fails to properly interpret diagnostic testing regarding their unborn child. Contact Sexner & Associates LLC for free valuable information and speak directly to an experienced and compassionate injury attorney immediately. Our phones are open 24 hours at (800) 996-4824. Call now.