If you were having a child and the prenatal test results showed that it has a genetic disorder, would you choose to give it life? This is a tough question that is often hard to answer, however, some parents are denied the choice because doctors have either failed to properly read the test results or neglected to test for health problems in the fetus. To obtain the compensation they need to financially provide a lifetime of care for their child as he or she grows older, claims can be filed for “wrongful birth” – but only in some states. Birth injury lawyers, such as our law firm, work to defend families who have been victims of wrongful birth.
What is Wrongful Birth?
Wrongful birth is a claim in which the parents state that they would not have had the child if it were not for the medical malpractice of the healthcare provider. In the cause of action, parents can argue that their doctor didn’t properly diagnose the medical issue in the fetus, warn the mother and father of the risk of conceiving, or let the parents know they can make an informed decision about whether the pregnancy should be terminated or not. Unfortunately, only half of the states in the U.S. allow parents to sue for wrongful birth.
Even then, wrongful birth laws differ from state to state. However, the basic medical malpractice principles for filing a lawsuit still apply. In a wrongful birth case, the parents must prove that the healthcare provider’s mistake caused harm to their child. The fact that the doctor made a mistake is not enough to sue. In medical malpractice cases, such as wrongful birth claims, it is extremely beneficial for the family to hire a highly skilled and experienced birth injury lawyer or cerebral palsy injury lawyer in Baltimore, MD.
Establishing a Wrongful Birth Law in Iowa
At Gershon, Willoughby, Getz & Smith, LLC, we are handling a wrongful birth case in the state of Iowa, which is one of the states that does not recognize it as a claim. Our lawyers are hard at work trying to make a new wrongful birth law in the state of Iowa. Cerebral palsy attorney Wayne M. Willoughby has written an appeal brief of the wrongful birth claim to the Supreme Court. The brief explains that in the wrongful birth case, the family continued the pregnancy of their brain damaged child because their doctor failed to discover the brain malformation in the fetus.
The parents in the claim being handled by our lawyers state that if they had known that their child had a brain malformation prenatally, they would have chosen to have it aborted. The doctor’s mistake led the pregnancy to continue, which resulted in a brain damaged child that needs around-the-clock care to live a comfortable life. The highest court of Iowa has never entertained a wrongful birth case such as this, and we aim to establish it as a new law in the state. We feel that wrongful birth victims deserve to be compensated, and we devote our expertise to defending the rights of our clients.