Birth Defects & NY Wrongful Life Claims
Wrongful Life is a type of medical malpractice case where a claim is made on behalf of a child that was born with a birth defect. In most wrongful life cases, the claim alleges that the child would not have been born had it not been for the negligent advice to, or treatment of, the parents.
To bring a wrongful life action, the birth defect must be one that could only have been avoided with the termination of the pregnancy. The child alleges that due to this life altering illness or defect, he or she would have been better off not being born at all. Certain types of defects such as Tay-Sachs disease, sickle cell anemia, neurofibromatosis and Down’s syndrome can be detected early in pregnancy and are examples of illnesses or diseases that have been considered in Wrongful Life cases.
In a typical wrongful life action, the parents of a child born with birth defects sue on behalf of the child. In most cases, the parents sue their doctor or a medical company for negligence, claiming that the failure to diagnose an illness in the mother (for example, the virus rubella) in the early stages of pregnancy prevented the opportunity for the mother to terminate the pregnancy. As a result, the child is born with impaired health.
In a wrongful life action, the argument is not that in the absence of negligence by the defendant, the plaintiff would have had a healthy, unimpaired life, but rather that if the defendant had not been negligent, the plaintiff would not have been born.
If you believe wrongful life medical malpractice applies to you or a loved one, please call us at (800) 966-4999 or fill out our online contact form for a free case evaluation.
