Maryland Wrongful Birth Lawyers
When you think of legal issues involving babies, do you think of wrongful birth? It may seem like a cruel form of tort, but from a parent’s point of view, there are situations in which they would not have continued with the pregnancy had they known that their baby would have been born with defects.
Wrongful birth is a legal cause of action for parents of a congenitally diseased child. They may be able to file a medical malpractice claim that their doctor failed to properly warn them that their child may have serious genetic or congenital abnormalities and they were therefore prevented from making a truly informed decision about having the child.
Once the fetus is determined to have an abnormality, there may not be any way to treat it. It may be the combination of the parents’ genetic mutations and choice to have a child that most directly results in the conception of an abnormal child. Because it is hard to prove wrongful birth lawsuits, they are not allowed in some courts. Get the best outcome possible with help from the Maryland wrongful birth lawyers at Wais, Vogelstein, Forman, Koch & Norman.
Elements of Wrongful Birth
To prove wrongful birth, the following elements must be in place:
- Existence of a patient–doctor relationship between the parents and doctor being sued
- Failure of the doctor to disclose the risk of having a child with a genetic or congenital disease to the prospective parents
- The parents suffered harm as a result
- The doctor’s negligence directly caused that harm
In a wrongful birth case, the parents must prove that the doctor failed to follow the standard of care in terms of the diagnosis or disclosure of the risk of transmitting birth defects to their children. This requires expert testimony from expert witnesses, such as a doctor who practices in the same field as the defendant doctor and has the experience to attest as to whether or not the doctor followed the standard of care.
It is also possible for the parents to prove the negligence element by showing that the doctor failed to disclose the availability of genetic or prenatal screening procedures. The plaintiffs can prove that they were harmed by moving forward with the pregnancy and giving birth to a child with an abnormality because they were not fully informed. They were denied the opportunity to make the right choice based on the situation.
Contact Us Today
Wrongful death is a common tort, but parents may not know about wrongful birth. Expectant parents need to be informed about the possibility of birth defects as well as available genetic testing and other options so they can determine if proceeding with a pregnancy is the best option.
The experienced personal injury lawyers at Wais, Vogelstein, Forman, Koch & Norman can determine if you have a wrongful birth case. Let our team guide you through the process. Schedule a consultation by calling (410) 567-0800.