"Wrongful death" is a phrase that most people have heard, but what about "wrongful birth?"
"Wrongful death" is death due to someone else’s negligence or wrongdoing. "Wrongful birth" is a parent suing other individuals for being burdened (emotionally and financially) with a disabled child.
In most cases, birth defects and genetic diseases can be identified early in a pregnancy to allow the parents an opportunity to decide whether or not they wish to continue the pregnancy or terminate the pregnancy through abortion. In some states, if a birth defect or genetic disorder is NOT detected during pregnancy because of the medical professional’s negligence, then a wrongful birth claim can be made.
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Prenatal screenings are commonly offered in the United States to patients, regardless of the patient’s age or medical history. Blood tests during pregnancy can detect certain genetic disorders, depending on whether or not either of the parents are at an increased risk of being a carrier. Diseases included are: sickle cell disease, cystic fibrosis, canavans disease, Tay-Sachs disease, and thallasemias. Down syndrome can be detected by an ultrasound examination that measures the clear space at the back of the neck. This ultrasound in combination with a blood test from the mother can determine if further testing is necessary.
If your doctor missed important clues during your pregnancy, seek professional insight. Birth defect attorneys can guide you toward helpful resources and assist you with the proper legal response.
