Wrongful Birth is a type of medical malpractice case where a claim is made by the parents of a child that was born with a birth defect. In most cases, the claim alleges that negligent treatment or advice deprived the parents of an opportunity to avoid conception or terminate the pregnancy altogether.In a wrongful birth action, a parent can seek damages for a child born with birth defects. A claim can be made for damages based on the estimated cost to parents of raising a child with a terminal illness or disease. A wrongful birth action was first recognized in the highly publicized case Jacobs vs. Theimer. The case involved an action by the parents of a child born with defects that were caused by the mother contracting the rubella virus. The claim in this case stated that the defendant was negligent in failing to diagnose the mother's rubella, which caused the child to develop, and ultimately to be born with, a terminal illness.Since the 1970s, more than twenty states have recognized wrongful birth actions which in turn has enabled parents to collect some or all of their child care expenses if it can be proved that negligent care was responsible. With the help of improved genetic testing, medical providers can now determine if certain birth defects are present in the fetus early on in the pregnancy. This alone forces medical providers to be responsible for ordering the correct tests and properly diagnosing the results of these tests.If you or a loved one believe you have been involved in a wrongful birth medical malpractice incident, please call us at 1.800.966.4999 or fill out the form to the right of the page for immediate attention to your case.
