Many States recognize the tort of wrongful birth. Typically, the tort of wrongful birth takes place when parents who are concerned that they might have a child with disabilities seek genetic counseling. The purpose of genetic testing is to rule out abnormalities that the baby might be born with. Such testing allows parents to make informed decisions regarding whether to conceive or terminate the pregnancy.
Mistakes made when interpreting genetic tests deprive the parents of making informed decisions on whether to conceive or terminate. Alternatively, physicians fail to advise high risk parents to seek genetic testing to ensure that the baby is born with no debilitating conditions. The negligence of either the doctor or the geneticist will result in a tremendous emotional and financial burden for the parents. In situations where parents would have terminated the pregnancy if equipped with the right information, a medical malpractice case for wrongful birth may have occurred.
In Illinois, parents with successful claims for wrongful birth are entitled to recover damages which can include the costs of care for the affected child, emotional distress, lost wages and other damages.
Conditions that tay Constitute Grounds for Wrongful Birth
Prenatal genetic testing can detect many conditions which can be communicated to the parents early enough for them to make decisions on whether to conceive or terminate the pregnancy. Some of these conditions include:
- Cystic Fibrosis
- Down Syndrome
- Edwards Syndrome
- Myotubular Myopathy
- Patau Syndrome
- Spinal BifidaTay-Sachs Disease
- Thalassemia Major
SERVICES FOR WRONGFUL BIRTH
At Noorani & Villar, our network of medical malpractice attorneys will fight for your dignity. Medical errors can have a permanent impact upon a patient and our network of attorneys will fight to ensure that our clients’ future medical care is not a burden they need to face alone when their injuries are a result of medical negligence.
Please contact Noorani & Villar, P.C., if you are considering a medical malpractice claim against a medical practitioner or healthcare provider for wrongful birth.