The Patient’s Advocate

More Prenatal Misdiagnosis and Wrongful Birth

Posted in Blog, Prenatal Misdiagnosis on January 16, 2009

Most people have heard the term “wrongful death,” but you may not be as familiar with the concept of a “wrongful birth.” Basically, a wrongful birth is the birth of a child with a disorder or deformity that could have been detected pre-natally. What makes the birth “wrongful” is that had the parents known about this disorder or defect, the pregnancy may have been terminated.

In Tampa, Florida recently there was a wrongful birth case that resulted in an award to the parents of a staggering amount–$21 million. The jury ruled that the doctor misdiagnosed a severe birth defect in the couple’s son, leading them to have a second child with similar problems. The two young sons are not able to communicate and need round-the-clock care. The boys will need this constant care for the rest of their lives. The couple claimed that their doctor failed to diagnose their first son’s genetic disorder, Smith-Lemli-Opitz Syndrome- after his birth in 2002. This disorder is the inability to correctly produce or synthesize cholesterol. Had the genetic disorder been correctly diagnosed, a test would have shown their second child was also afflicted, and the parents would have terminated the pregnancy.

If your child was born with a disorder or defect that could have been detected during pregnancy, you may have a valid legal claim.

If you live in Philadelphia or the New Jersey area, please contact the law office of Weiss & Paarz, P.C. today to schedule your confidential, no-cost consultation.