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 had prenatal care in New Jersey and gave birth to a child with a genetic defect that was not recognized during your pregnancy, you may have a cause of action for prenatal misdiagnosis. Weiss & Paarz exclusively handles medical malpractice claims and specializes in wrongful birth / prenatal misdiagnosis lawsuits. Contact our office to talk to our medical malpractice team today. Note we do not charge our clients any legal fees unless we file a lawsuit on their behalf and successfully obtain a recovery.