Baltimore Wrongful Birth Lawyer
Wrongful birth is a legal term that describes the negligent actions of a doctor that results in the birth of an unwanted child. Like other personal injury claims that involve treatment from a healthcare professional, wrongful births fall under the category of medical malpractice claims. There are many reasons a person may choose to file a wrongful birth claim. If you have had a wrongful birth, you can file a claim for compensation. Due to the fact that these claims are so complex, you should always work with a Baltimore wrongful birth lawyer that can help.
Types of Wrongful Birth Cases
In the state of Maryland, parents have the right to choose whether they want to carry a pregnancy to term. Although most pregnancies bring joy to the expecting parents, this is not always the case. For example, a child may develop birth defects while in the womb that will require a lifetime of care that is not only expensive, but that will also negatively affect the child’s quality of life. In this situation, the parents may wish to terminate the pregnancy.
In other cases, a woman may have a tubal ligation to prevent future pregnancies, or a man may undergo a vasectomy because they do not want children, or they do not want more children. In these instances, the parents may still have a valid wrongful birth claim even if they choose to carry the baby to term. While the choice is still the parents after learning they were expecting, some people choose not to terminate a pregnancy based on their own religious or personal beliefs.
Proving Negligence in Wrongful Birth Cases
All medical malpractice cases, including those involving wrongful birth, rely on the legal concept of negligence, or carelessness. This means you must prove the healthcare provider made a mistake that resulted in the wrongful birth. For example, if a doctor learned a child would be born with a birth defect and did not inform the parents of it, that is an example of negligence that would constitute medical malpractice. Or, if the doctor misinterpreted test results that indicated the child would suffer from a birth defect and did not inform the parents, that would also constitute medical malpractice.
Proving medical negligence is never easy. There are also strict requirements placed on medical malpractice claims in Maryland, such as the certificate of merit. It is for this reason that anyone who wishes to file a claim after a wrongful birth should speak to a Baltimore medical malpractice lawyer that can help them through the process and give them the best chance of recovering the full damages they deserve.
Call Our Medical Malpractice Lawyers in Baltimore for a Free Consultation
Most births are joyful experiences, but that is not always the case. If you have had a wrongful birth and now want to claim damages such as medical expenses, pain and suffering, and more, our Baltimore medical malpractice lawyers are here to help. At Wais, Vogelstein, Forman, Koch & Norman, LLC, our attorneys are passionate about helping families make things right, and we want to help you, too. Call us today at 410.567.0800 or fill out our online form to schedule a free consultation and to learn more about your legal options.