The legal claim of wrongful birth allows parents to assert that a child’s birth left them worse off emotionally and financially. A wrongful birth can occur for a variety of reasons. A healthcare provider could fail to inform parents of the risks involved with having a disabled child, or they could perform a sterilization procedure incorrectly. This article discusses the concepts of wrongful birth, wrongful pregnancy, and wrongful life.
Wrongful Life
A wrongful life action is a legal claim filed by a disabled child’s parents through medical malpractice attorneys in Dayton, OH. The claim attempts to make a monetary recovery for the suffering and pain associated with having a disability. These actions are seldom accepted by courts, because it is widely assumed that survival is better than passing away.
Wrongful Pregnancy
A parent can file a wrongful pregnancy claim if they took steps to avoid pregnancy, such as testing or sterilization, and the medical staff’s negligence caused the method to fail. In wrongful pregnancy claims, parents may hire medical malpractice attorneys in Dayton, OH after a healthy birth, as long as the birth was the cause of the harm. Wrongful pregnancy damages vary by jurisdiction, but most areas allow parents to make a recovery for lost wages, medical bills, and pain and suffering. Seldom do jurisdictions allow parents to sue for the costs of raising an unwanted child.
Proof Required for Wrongful Birth Claims
When a doctor fails to inform parents of the risks involved with a child’s disability, the parents are required to prove that the provider failed in that regard. A physician’s failure could result from the misinterpretation of ultrasound results or the missed diagnosis of a potential problem. Parents must prove that, if the risk was known, they would have avoided the conception or ended the pregnancy.
Damages for Wrongful Birth
A wrongful birth can have consequences stemming from the financial, physical, and emotional strains of raising a disabled child. Damages that can be obtained by Business Name in Dayton, OH usually include the increased expense of caring for such a child and the emotional turmoil involved in the child’s upbringing.
Should Parents Call an Attorney?
Laws related to wrongful birth vary by jurisdiction. Some areas allow parents to make such claims, while others disallow them. If a couple feels they may have a wrongful birth claim, medical malpractice attorneys in Dayton, OH can help them determine the case’s validity.
