What is Wrongful Birth?
Wrongful birth is essentially a claim that, because a child was born, the parents are worse off financially and emotionally. It occurs in a variety of circumstances:- Most commonly, parents of a disabled child bring a claim that their health care provider didn't properly inform them of the risk of having a child with the disability in question
- Health care providers do not perform sterilization procedures properly
- Health care providers do not properly terminate a pregnancy
What is Wrongful Life?
Wrongful life, by contrast, is a suit brought by a disabled child for damages associated with the pain and suffering of living with a disability. This type of action is rarely ever accepted.
What Proof is Required for a Wrongful Birth Claim?
In the case of a failure to properly inform of the risks a child will be born with a disability, the parents will have to prove that the health care provider didn't properly inform them of risks, by misreading an ultrasound, for example. They must also prove that, had they known the risk, they would have terminated the pregnancy, or avoided conception.
What Damages are Available in Wrongful Birth Claims?
Wrongful birth can have a variety of consequences resulting from the emotional, physical, and financial strain on the parents of a disabled child. The damages allowed are usually the increased costs associated with caring for this child, as well as emotional distress.
Should I Consult an Attorney?
The laws governing wrongful birth will vary from state to state. Some states allow such claims, and others do not. If you feel that you may have a claim for wrongful birth, a medical malpractice attorney can help determine whether or not your have a valid claim. |
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