The Justification of Wrongful Birth: Should it be a Law?


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.


The Relation of Medical Malpractice to Poor Healthcare




The Unfairness of the Baltimore Riots

It’s sad to say, that although the country claims to have the best healthcare in the world, truthfully, it depends on who you are. As residents of the Baltimore, Maryland area, we are highly aware of the riots that happened in our community about a month ago. They all started with the funeral of Freddie Gray, who passed away from injuries due to his arrest. After being taken into police custody, Gray died in the hospital after suffering from spinal cord injuries and possible stroke. Gray had complained of having trouble breathing, which could have been related to a neck injury, according to medical practitioners.


As the latest victim of excessive force and unfair police profiling, Freddie Gray’s death was the spark of the Baltimore riots, where looters and protestors proceeded to evoke theft and violence across the city. As medical malpractice lawyers, we couldn’t help but think of how Freddie Gray could have been better treated by not only police officers, but also medical staff. This issue relates to the fact that low income families, ethnicities and minorities tend to experience deprived versions of the U.S. healthcare system, compared to others.


The Price of Medical Mistakes and Poor Treatment

When individuals receive low-quality healthcare service, it can lead to medical malpractice situations. As highly skilled and experienced attorneys that have represented numerous medical malpractice cases, we have seen the negative effects that the poor treatment and mistakes of medical practitioners have on patients. Research estimates that African-Americans and Latinos experience 30 to 40 percent worse healthcare results than white Americans. Although the recent Baltimore riots were geared more towards greed and personal outrage, the demonstration still presents a frustration and resentment that resonates within minority communities.


We can’t overlook the more positive aspects of the riots, such as neighbors who helped each other, ministers that preached about nonviolent demonstrations, and heroes of the protests. We may not be able to resolve the unfairness of discrimination when it comes to healthcare, but as lawyers, we can rise above it by turning to justice for help. Our law firm, Gershon, Willoughby, Getz & Smith, LLC, fight for our clients in the court of law and work to achieve a settlement that will compensate for their injuries that are due to medical malpractice.


Experienced Medical Malpractice Attorneys

The medical malpractice situations that occur due to the minimal healthcare benefits of low-income groups and ethnic minorities range from childbirth and sickness, to nursing homes and antibiotics. The failure to diagnose illnesses, failure to provide instrument assistance during childbirth, neglect of a health condition and failure to prescribe necessary medicine are only a few of many medical malpractice situations that can happen. If you feel that you may be a victim of medical malpractice, contact our law firm for a free legal consultation. We can help you achieve the financial recovery you need from an injury, no matter who you are. Our vast experience and expertise in the medical field and law field put you at an advantage regarding the outcome of your case. Consult with us today.


Why Doctors are Becoming Lawyers

The team of lawyers at Gershon, Willoughby, Getz & Smith, LLC, were once medical practitioners that served in healthcare facilities. The attorneys have experienced it all – the hectic schedule of medical shifts, procedures and surgeries, the handling of healthcare paperwork, and the use of medical terminology. As doctors, the passion they had for helping their patients extended beyond the improvement of physical health. The desire to aid their patients on another level of the medical field inspired them to obtain a degree in law to become MD-JDs.



The Reason: Defending Patients

As the attorneys studied law in the medical field, their knowledge and experience expanded, providing them with the skills needed to assist their patients further. As MD-JDs, the lawyers could now fight for the rights of their patients and help them gain the compensation they deserved when it came to medical malpractice.


Gershon, Willoughby, Getz & Smith, LLC, focuses their specialty on medical malpractice cases that involve cerebral palsy. Thebirth injury lawyers combine their experience in the medical field with their understanding of law to successfully represent their clients.


The Pros and Cons of MD-JDs

Since the 1980’s, the number of doctors-turned lawyers has increased significantly in the United States. Compared to regular lawyers, MD-JDs know the ins and outs of all aspects of the medical field, which they can apply to their cases. MD-JDs can handle medical malpractice cases through their strategy, analysis and research using their previous experience as doctors. Attorneys that do not have a medical background may not be able to perform case management as well as MD-JDs can because they do not have an insider’s perspective on healthcare issues.


One disadvantage to having a profession as an MD-JD is that the call for action to helping their patient financially is to sue other doctors, which sometimes happens to be their former colleagues. An MD-JD that might have worked side by side with another doctor will have to file a lawsuit against him or her because it is the only approach to helping the client achieve a settlement. Many doctors come to dislike MD-JDs due to such legal circumstances, but the lawyers at Gershon, Willoughby, Getz & Smith, LLC, do not let that stop them, especially when a large amount of their clients are small children who are victims of medical negligence.



The Increase of Doctors-Turned-Lawyers

Despite the downfall of having to sue other doctors, the profession of MD-JDs continues to grow and is a decision that is becoming more popular. The lawyers of Gershon, Willoughby, Getz & Smith, LLC, have helped numerous clients achieve the care that their children need, as well as financial freedom and peace of mind. Parents who feel or suspect that their child is a victim of medical malpractice can consult with a birth injury lawyer at the firm for free. The attorneys continue to represent victims of medical malpractice, which involves issues such as misdiagnosis, surgical error, brain injury, anesthesia mistakes and more.

Heart Rate Negligence During Birth – A Major Medical Malpractice

top10_heart_beatSometimes, one of the main causes of a birth injury is the medical staff’s failure to monitor the fetus’s heart rate during labor. Patients rely on their medical physicians to properly care for their child as they face strenuous labor. Recently, the brain injury attorneys ofGershon, Willoughby, Getz & Smith LLC won a case that involved heart rate negligence at birth. What’s more, On January 8th, the New Jersey state court awarded a large sum settlement of 8 million dollars to their client who had their child receive a severe injury at birth (due to heart rate negligence).

The client was a 6-year-old child who developed cerebral palsy, disfigurement, incontinence and mental retardation from brain damage that could have been prevented at birth.  The medical staff had failed to notice a dramatic change in the baby’s heart rate. As hours went by during labor, the baby was deprived of oxygen to his brain because staff did not continuously monitor the heart rate, which would have displayed that something was wrong. Monitoring the baby’s heart rate is a standard medical practice that should have been conducted.

The mother of the child expressed her gratitude to her attorneys, Dr. Zev T. Gershon and Robin R. Smith who represented her case. The settlement will be able to provide proper care for the rest of the child’s life. The child remains medically stable and is expected to live a normal lifespan. Birth injury attorney Dr. Gershon hopes that the success of the settlement will be an example to health care providers of what the consequences could be when it comes to the failure of following standard medical practices.


If you believe you may be a victim of medical malpractice, contact the law firm today for a free consultation.

The Complications of IV Negligence

Recently, Gershon, Willoughby, Getz & Smith LLC settled a medical malpractice case that involved the improper insertion of an IV, which introduced air into the patient’s heart. The patient died due to this medical mistake. Fortunately, the patient’s family was awarded compensation for the incident. There are a variety of issues that can happen with IV administration, despite the fact that they are commonly used in treatment.

IVs are used to achieve multiple purposes in healing and caring for a patient. With just one puncture of the skin, patients can be treated with less pain, receive medications, and have blood withdrawn. Advancement in technology has made IVs easier to use, such as the development of new extensions, valves, and various attachments. However, IVs still pose a risk when they are not used properly.

An IV mistake can be recognized by the area of the skin where it is inserted. Swelling, changes in skin color, bruising, abnormal appearance, and leaking fluids are all signs that the IV is inserted wrong.

Serious Injuries from IV medical malpractice include:

–          Death

–          Tissue necrosis

–          Air bubbles

–          Infection

–          Disfigurement

–          Amputation

–          Damaged nerves

–          Inflammation of the veins

If you or a loved is suffering from the aftermath of an improper IV insertion, compensation may be warranted.

Contact our law firm to consult with our attorneys today.

Symptoms of Cerebral Palsy

When there is a delay in the development of a child, it is a clear sign of a possible health issue, and raises many questions in the minds of the parents.  Unfortunately in some cases, the reasoning for the issue could be a physical dysfunction such as Cerebral Palsy or other condition. Cerebral Palsy diagnosis begins with the abnormalities of a child’s developmental growth and can be identified within the first several years of a child’s growth.

Doctors use proper testing and examination to analyze the child’s bodily functions to find out if the developmental delay is due to a neurological condition, which is what causes Cerebral Palsy. Here we discuss what the symptoms are of cerebral palsy.

Muscle Tone – The child’s central nervous system works to coordinate muscle movement. If the muscles seem to not work together in the body, it could possibly be an impairment in the brain.

Movement Control – Muscle control issues involve rhythmic pattern in movement or spasms. Impaired muscle control often happens in opposite limbs, and can be detected when a child is trying to perform a task. Abnormal walking patterns and limping portray signs of impaired muscle control.

Posture – If a child’s posture is asymmetrical, their balance will be affected. This impairment can be found by observing the child’s reaction when they are placed in certain positions. If the reactions don’t happen, or if they are asymmetric, the child may have Cerebral Palsy.

Motor Function – As the child develops, he or she should be able to learn how to balance, walk, stand, crawl, sit and roll. If the child doesn’t reach these milestones properly or late, it could be a result of brain deficiency.

Other signs of Cerebral Palsy include oral motor malfunction, irregular reflexes, and speech impairment. If your child has been diagnosed with Cerebral Palsy and you feel that it is caused by medical malpractice, contact our law firm today to get the compensation that your family deserves.

If You Struggle With Cerebral Palsy, Know That You Are Not Alone

At Gershon, Willoughby, Getz & Smith, LLC, we know it’s terrible being told that your child has cerebral palsy. Coping with it throughout their lives alone will be a challenge for any child diagnosed with it.

Cerebral Palsy is not the same as being mentally impaired. It is defined as damage caused to the brain during childbirth or development.

Sometimes, Cerebral Palsy (CP) will disable an individual to the point of needing constant care and supervision. Usually, however, people affected with CP are bright and caring individuals that can carry intelligent conversation and function despite their impaired motor and/or speech skills. It’s important to know that CP victims are not alone. There is support out there for CP victims and ways for victims to connect with each other to share stories and struggles.

The CDC records that CP is the “most common motor disability in childhood”. They have performed statistical studies around the world. These studies have discerned that about 1 in 323 children have been identified with cerebral palsy. These estimates come from CDC’s Autism and Developmental Disabilities Monitoring Network. (Source:

Statistically, 30.6 percent of CP victims have limited or no walking ability. That leaves almost 70% of them to be free-moving and social. Anyone can find people living with CP on the internet. Go to There are literally hundreds of people that live with CP day in and day out, and cataloging their lives on there. It is a community where individuals living with CP can meet each other and express their sympathy as well as happiness for finding each other. They are not alone and neither is anyone else who suffers from this disability.

There are many organizations fighting for life without limits for people coping with CP. United Cerebral Palsy, at, they offer support on a community basis for people with CP. They are educators on the facts about CP and advocates for people with CP fighting for their rights. Another organization to keep your eyes peeled for is The Cerebral Palsy League. They are a public organization that serves hundreds of affected children every year. They offer programs and services that cater to the special individual needs of each person.

It’s important to realize that many suffer with Cerebral Palsy. People coping with CP like football, TV, movies and the internet just like any other American. They should be respected members of society, and spreading education and awareness is the least you can do for people bravely struggling with CP.

Three Common Allegations Of Medical Malpractice Lawsuits

When you hear the words “your child has been diagnosed with cerebral palsy” there are several things that may come to mind. Why? How? What should I do? It’s devastating and hard news to ingest at first since you must alter your plans in raising your child. Initially, you might feel lost and hurt, but then, you might feel angry because you want to know the cause. Your next move might be trying to seek justice for your child if the cerebral palsy was due to medical negligence or medical malpractice.

Choosing a cerebral palsy law firm can be quite difficult since there are so many out there. However,Gershon, Willoughby, Getz & Smith, LLC makes it simple and easy to decide. Our experienced team possesses a background in medical and law.

If you believe you have a concrete case, but you’re still on the fence as to whether you should pursue it or not, we’re going to provide a few common allegations of medical malpractice lawsuits.

Failure to perform a C-section in a timely manner

At the time of birth, was your child delivered in a timely fashion or was it a slow and stalled process? What was the reasoning behind it being such a long process? There’s no reason why your child was neglected at the time of delivery. There is no excuse for the doctor to give you. Seek Gershon, Willoughby, Getz & Smith, LLC to learn further details.

Errors in Anesthesia

During labor and birth of your child, you’re given medications to control, alleviate or reduce the pain associated with the labor. An anesthesiologist will judge the best way to manage the pain. At times, an anesthesiologist makes a wrong assessment of the situation and administers the incorrect amount of drugs. This can have a negative affect on the mother or the baby. If this is something you’ve gone through, you must contact one of our lawyers to seek some justice for you and your child!

Delayed Diagnosis

As soon as you’re diagnosed with a condition, it’s essential for you to seek treatment. If the diagnosis is delayed, this could result in serious health problems down the road. Whether it’s cerebral palsy or another detrimental condition, you should never wait it out. If hospitals are very busy, the diagnosis may not be noted and could even be forgotten about. If your condition hasn’t been treated, then you need to seek a lawyer to handle your case. You must do it as soon as possible by calling us at 1-877-292-6491 today!

Three Ways To Find The Ideal Law Firm For Your Cerebral Palsy Case

When a parent hears that their child was diagnosed with cerebral palsy, the first question that comes to mind is “How did this happen!?” To find out how, the first thing parents need to do is research.  Second, parents need to consult with a lawyer that specializes in cerebral palsy cases.

What Is Cerebral Palsy?

The cause of cerebral palsy is brain malformation or a brain injury that happens while the brain is developing.  Cerebral palsy occurs before, during, or after birth, and it affects muscle coordination, muscle control, muscle tone, posture, balance, and reflex. Additionally, it may impact gross motor skills, fine motor skills, as well as oral motor functioning. Regardless, you need to know how and why this happened with the help of a lawyer.

Following are some things to consider when seeking out a law firm for your cerebral palsy case:


How long has the law firm been practicing? Do you know if they handle hard cases? These are often the questions you must ask yourself when finding a law firm. With over 20 years of experience, Gershon, Willoughby, Getz & Smith, LLC has represented a wide variety of clients with birth injury cases. With their background in medical, they are the perfect law firm to choose for your case.


There is no denying that you should be consulting with a firm that has a flawless reputation and great credentials. Have they successfully won several cases?  Any parent seeking a law firm that concentrates in birth injuries should contact Gershon, Willoughby, Getz & Smith, LLC. Their attorneys were rated “AV” by their legal peers.


You should find out what kind of degrees or background your lawyers possess. Do they concentrate in medical law? Gershon, Willoughby, Getz & Smith, LLC have an advantage because their lawyers have both legal and medical degrees. Parents should be consulting with medical professionals that specialize in comprehending medical negligence and can fully access your case.

If you need to seek justice for your child, choose Gershon, Willoughby, Getz & Smith, LLC as your cerebral palsy law firm to fight for your child’s rights. Their team of lawyers possesses legal and medical degrees, and will also assist others with permanent and serious injuries caused by medical mistakes.

Seek legal advice as well as justice for your child today.  Contact them at 1-877-292-6491.

Kindergarteners Learn of Boy’s Cerebral Palsy Journey

Rather than have kids in his kindergarten stare at her son, Vanessa Steinman – mother to 5-year old River Steinman who has cerebral palsy – decided to educate them. With this in mind, Vanessa made a picture book about her son and took it to Parkway Elementary in St. Joseph, Missouri to show his classmates. “I just wanted the kids to see that he’s just like them.”

River uses bright blue crutches and a walker to get around. This is because the type of cerebral palsy he has – spastic diplegia – affects his ability to walk. He also uses a special chair that has arm rests in class. When everyone else is sitting in a circle on the floor, River sits on a blue chair with his feet on a small container.

The picture book explained parts of the condition to River’s class. Teacher May Boehner read from the book “his brain sends the wrong message to his body.” Also in the book are pictures about River’s hobbies, his favorite colors, and his first surgery. It was actually exciting for kids in River’s class to hear about the tap dance lessons, horse riding, daily struggles as well as week-long trips River takes to St. Louis for appointments with the doctor. The book also tells how he wasn’t diagnosed until aged 2 and then a year later he had surgery that enabled him to walk, with help. Today, he is often seen walking around the school.

His mother is very proud of him. “River has no limitations, according to River,” she said. And she’s not the only one. Parkway’s paraprofessional, Colynn Chesney, says “He’s fantastic. He brightens my day. Every day I walk in and he just smiles.” She believes the book will help “with diversity. Different kids face different challenges, and these kids are very understanding.”