Wrongful Birth Attorney Beverly Hills & Los Angeles, CA
In wrongful birth lawsuits, parents of a child born with a disease or birth defect sue either the healthcare professional or hospital if genetic testing was not done, was not done properly or was misread. Parents can also sue in situations where negligent genetic counseling misinformed them regarding the chances of a fetus developing abnormally or in situations where either an ultrasound or a sonogram was misread entirely. These differ from wrongful birth cases in which the claim is asserted by the person born with the birth defect.
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Elements that must be proven in wrongful birth claims
Healthcare professionals have a responsibility to inform expecting parents of potential risks or complications regarding their pregnancy; should they fail to do so, they could expose themselves to a medical malpractice lawsuit. This is even truer in situations where parents reach out to professionals specifically for genetic testing.
To establish a wrongful birth claim in California, the following must be proven:
- The defendant failed to diagnose/warn the plaintiff of the risk of a child being born with a genetic impairment/disability—or the defendant failed to perform tests/advise the plaintiff of tests that would likely let the plaintiff learn of the risk of a child being born with a genetic impairment/disability
- The child was born with a genetic impairment/disability
- If the plaintiff had known about the genetic impairment/disability, the mother would not have conceived the child or would not have carried the fetus to term
- The defendant’s negligence substantially caused the plaintiff to have extraordinary expenses.
What damages can be won in wrongful birth cases?
In wrongful birth cases, parents may be awarded financial compensation to cover items such as:
- The medical costs of caring for a child with a terrible disease or serious birth defect; and
- The costs of tuition for special schools for children with learning disabilities.
- Emotional distress experienced by the parents in learning of/living with the child’s disease or birth defect.
This financial compensation will not cover the costs typically associated with raising a child; instead, they will only cover these costs that are specific to children born with a disease or birth defect.
To Schedule, a Free Case Evaluation With Our Firm, Contact E&l, Llp, at (213) 213-0000
At E&L, LLP, we are ready to help parents with these cases. We have experience in navigating through this complex area of the law, and we are ready to guide your family through it. If you are looking for a battle-tested law firm that you can trust to look out for your best interests, do not hesitate to contact us today.
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