Birth Injuries – Do You Have a Claim?

All lawsuits and claims are emotional and personal, but perhaps none more so than those which involve a baby. Birth defects are often genetic or congenital, and although they are no one’s fault, doctors have a responsibility to warn the parents of a possible problem as soon as it is discovered.

When a baby is born with a serious condition, especially one which will follow them throughout the years, his or her parents may have a claim if they were never warned about the existence of the condition. These claims may be filed against the doctors, nurses, or medical facilities which cared for the pregnant mother, performed pre-natal testing, or delivered and subsequently cared for the newborn.

Do You Have a Birth Injury Claim?

Birth injuries represent a special type of personal injury claim which many people are not aware of. Like any personal injury claim, it must be proven that the defendant was negligent or careless, and did not perform their duties with a reasonably expected standard of care. There are several types of claims which may arise around pregnancy or the birth of a child.

Clarification: Wrongful death claims are filed when a death is caused by the negligence or carelessness of someone else. In those specific cases, survivors of the deceased may be entitled to compensation for the death of their loved. Birth injuries which result in the death of the child do not normally qualify as wrongful death claims.

Birth injuries are personal injury claims which are precipitated by the birth of a child who has serious abnormalities or severe birth defects which are a direct result of the negligence or misconduct of someone else.

• Wrongful birth claims occur when the parents of a congenitally diseased child purport that their health care practitioner failed to properly warn them of the risk of conceiving or giving birth to a child with possible serious medical issues or genetic abnormalities. In these cases, the plaintiffs allege that the doctor or health care provider prevented them from making an informed decision as to whether or not to get pregnant or bring the pregnancy to full term. Wrongful birth is often considered a type of medical malpractice. A wrongful birth claim is filed by the parents and addresses their costs and emotional distress which resulted from the doctor’s incompetence or negligence.
• A wrongful life claim is similar, but is usually filed by (or on behalf of) the child. This type of case is considered a human rights case, is relatively new and not accepted in all states. Wrongful life allows the child to recover special economic damages for their necessary care, but dies not address any pain and suffering issues. Therefore a child filing a wrongful life claim can typically not sue for damages based on the fact that they will live a life in a disabled (versus a healthy ) body.You may have a birth injury claim if your child was born with a severe medical condition which you were not sufficiently warned about or prepared for. This may have occurred at the conception stage or during prenatal counseling. If you have questions regarding the birth of your child and are unsure if you have a case, call a personal injury lawyer. While these cases are both sensitive and difficult, you may deserve answers and compensation.

  The personal injury attorneys of Probinsky & Cole are here to answer any concerns you may have about your situation – whether a car accident, medical malpractice, or wrongful death. Don’t attempt to face these trials on your own – give our Sarasota or Tampa offices a call today.