What Is A Wrongful Birth & Can You Receive Compensation From The Doctor Who Performed It?
Wrongful birth is a type of pediatric malpractice. It occurs when a parent is not given information about potential birth defects or medical complications that could influence the parent’s decision to avoid conception or terminate a pregnancy. Depending on the circumstances, you may be eligible to recover compensation from the doctor who performed a wrongful birth.
How Does This Differ From a Birth Injury?
A birth injury occurs during the birthing process. Both types of medical malpractice include negligence; however, the medical provider’s negligence in a wrongful birth case leads to the mother getting pregnant or giving birth, a choice she would not have made if she had had all the information necessary to make such a decision.
How Could a Wrongful Birth Have Been Prevented?
A wrongful birth is often the result of a medical provider’s negligence in situations like these:
- The medical provider fails to perform necessary tests
- The medical provider gives an inaccurate diagnosis
- The medical provider fails to inform parents about genetic conditions
- The medical provider offers inaccurate information
- The medical provider pushes his or her beliefs on the parents
Many states do not recognize or allow wrongful birth cases, but Florida does. This state expects medical providers to offer parents full disclosure regarding the health of an unborn baby. When a medical provider fails to provide this information, he or she may be liable.
How Much Compensation Can I Receive?
Taking care of a baby with severe disabilities is life-changing. With those added responsibilities, one or both of the parents may find it difficult to work outside the home. The family may have to renovate the house to accommodate the child’s assistive devices. The child may require medical care for his or her entire life.
These costs accumulate quickly, leaving the family in a tough financial situation. The goal is to compensate the family for the financial differences involved with raising a “normal” child and a child born with defects. This might include:
- Medical costs
- Rehabilitative costs
- Lost wages
- Household renovation fees
- Pain and suffering
- Lifelong care of the child
- Childcare costs
How Our Team Can Help You With Your Wrongful Birth Case
We understand how quickly joy can turn to devastation after learning something is wrong with your child. While we cannot be able to heal your baby, we will fight to get you the justice and compensation you deserve.
During your complimentary and confidential consultation, our legal team has the opportunity to get to know you and the details of your case. Collecting important information helps us identify fault and determine the next legal steps. We never charge anything unless you receive compensation.
We must collect documents that identify the medical mistake and your associated damages, including medical records, medical staff reports, and personal statements. This will help us determine liability.
An expert witness statement will also be important to your case. In order to determine medical malpractice, we will need to identify another medical provider who would have handled the situation differently. Our legal team will focus on collecting these documents while staying within Florida’s statute of limitations.
Assist You in Navigating the Legal Process
Navigating the legal process while focusing on your baby’s health can be overwhelming. Let us handle the filing and court dates. We will fight to seek justice and collect every dollar you deserve.
Why a Wrongful Birth Lawyer May Be Important to Your Florida Case
Deciding to pursue legal action following a wrongful birth case does not mean you wish your child was never born. You are simply asking the negligent medical providers to accept their responsibility. You should not be saddled with the costs of raising a child with disabilities in a wrongful birth case.
It is only right for the responsible parties to pay for their medical mistake. Our team can help. We will fight to help you collect the compensation you deserve to alleviate some of the financial burden of raising your child. By calling the medical provider out for his or her mistake, you might prevent another parent from going through a similar situation. Call one of our wrongful birth lawyers in Florida at Chalik & Chalik Injury Lawyers at 855-529-0269.
Additional Frequently Asked Questions
- How Do You Receive Compensation If Your Defective Tire Was Recalled?
- Can You File A Lawsuit Against The Company If You Get In A Car Accident While In A Taxi In Florida?
- Can I file a birth injury lawsuit for Erb’s Palsy?
- Questions About Erb’s Palsy
- Can Your Baby Suffer A Birth Injury From An Epidural Injection?