For more than 40 years, our experienced attorneys have been helping families just like you deal with these complicated situations. Contact Goldberg & Schulkin Law Offices to learn if the failure to disclose information could be considered medical negligence. From our offices in Milwaukee and Chicago, we handle cases nationwide.
Understanding wrongful birth
In the case of a wrongful birth, parents normally take legal action against the doctor. Parents often claim there was not enough information provided to them to make an informed decision, particularly if that information was available to the doctor or another medical professional. Examples of wrongful birth cases can include:
- 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.
- Failure to disclose information
In any of these cases, parents 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.
A doctor may have had 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.
But doctors need to realize their failure to reveal, disclose or consider these risks likely had a bearing on the parents' decision about conception or continuing a pregnancy. If parents had known their infant was more likely to suffer from birth injuries or death due to undetected abnormalities, they might have made different decisions.
Many tests exist to determine if a child is likely to be born with a genetic abnormality or other health issues. And it's the responsibility of the doctor caring for the mother and her child to conduct these tests and inform parents about any potential health risks.
Learn more about your rights
Don't simply take your doctor's word that he or she didn't do anything wrong. Get a second opinion. Talk to an experienced attorney at our law firm. We have years of experience dealing with complicated birth injury cases. We also have an in-house nurse who can help evaluate the evidence and determine if malpractice occurred.
Our law firm represents families throughout Illinois, Wisconsin and across the United States. All cases are handled on a contingency basis, so you pay no fees unless we win. Call us toll free at 800-564-1707 or contact us online for a rapid response. Schedule a free case review at our Milwaukee or Chicago office, or set up an off-site appointment at a location convenient for you.
Goldberg & Schulkin Law Offices, P.C. - here for you when you need us most.