Wrongful Birth

What Is Wrongful Birth?

Wrongful birth is a type of medical malpractice in which doctors fail to disclose knowledge concerning a high risk of birth or congenital defects. This could be prior to conception or during pregnancy. If parents are not warned of the possibilities, they don't have enough knowledge to make the best decision about the pregnancy. Contact Jeffrey M. Goldberg Law Offices to learn if the failure to disclose information could be considered medical negligence.

Understanding wrongful birth and similar cases

In the case of a wrongful birth, as with some related causes of action, parents sue the doctor. Plaintiffs claim that there was not enough information provided for them to make an informed decision, though that information was available to a doctor or other authority.

  • Wrongful life: In these cases, children sue the doctor with the claim that he or she should not have been born into a life of pain and suffering.
  • Wrongful conception: This is a claim that a doctor negligently performed some type of sterilization procedure, resulting in an undesired pregnancy.
  • Wrongful adoption: In this case, the parents claim that an adoption agency did not tell them about a child's issues. These include background, health issues or genetic risks.

Your doctor or adoption agency's failure to disclose information could be negligence

In any of these cases, plaintiffs have to demonstrate harm and negligence by proving:

  • The failure to reveal pertinent information caused them to make a different decision than they would have made otherwise.
  • This decision caused them harm.
  • They had an existing relationship with the doctor or other authority through which this information could have been provided.

They do not have to prove that the doctor caused the harm. A doctor may have no way to prevent a genetic abnormality or birth defect. Sometimes genetic testing is not ordered or is overlooked. If an older sibling already suffers from cerebral palsy, testing is recommended. Failures to reveal, disclose or consider this risk have a bearing on the parents' decision about conception or continuing a pregnancy. An infant is more likely to suffer from birth injuries or death when there are undetected abnormalities.

The birth of a child with a genetic abnormality or other health issue can test the endurance and resources of any parents. It may deprive other children in the family of attention and financial support. These are the types of considerations used to determine the potential damages and harm involved in a case like this.

Contact our Milwaukee and Chicago medical negligence attorneys for a free initial consultation

Speak with the experienced lawyers at Jeffrey M. Goldberg Law Offices about your wrongful birth, life, adoption or conception case. We represent clients in Illinois and Wisconsin and throughout the United States. All cases are handled on a contingency basis, so you pay no fees unless we win. Call us toll-free at 888-396-3914 from anywhere in the country or contact us online for a rapid response. Schedule a free case review at our Milwaukee or Chicago office, or set up an offsite appointment at a location convenient for you.