Generally, wrongful birth occurs when the nurse or doctor fails to inform the parents that their baby has a physical or genetic disorder that might reduce the overall quality of life. If this happens, the law allows the parents to sue the doctor or physician for wrongful birth because they would have rather aborted the baby when it was still a fetus. Such a lawsuit is complicated, and it is wise to hire an experienced birth injury attorney like Christopher M. Placitella.
According to medical experts, there are numerous complications that may occur during carrying of and delivery of the baby. Some of them occur during the pregnancy period where the mother is more likely to experience different issues such as injuries or harm to the unborn child. Note that genetic abnormalities might arise via coupling of the parents.
In all these situations, it’s the responsibility of the medical expert to ensure that the parents understand the risks and potential problems that might occur during delivery. The doctor should also explain what might happen to the baby after birth. Genetic disorders, congenital defects, and other health issues are normally detectable before birth.
The rare case of genetics
Most parents are unaware that a genetic anomaly that could result in a disorder or even special needs of the kid is possible via the mingling of the parents’ genes. Though the possibility of these instances of genetics is low, it’s possible if one or both parents have a gene that conflicts with the other or that becomes dominant via dual recessive genes.
In rare cases, some defects may complicate pregnancy and childbirth has mental or physical impairments. Some parents may opt not to go through with the birth in some of these instances. Therefore, it is important that medical practitioners ensure that all parents understand what’s likely to happen and make the right choices on time.
What’s wrongful birth?
If the parents would have made a different choice than delivering the child, a wrongful birth occurs. This connects the medical expert to the fault as he or she didn’t explain the matter appropriate to the parents before the embryo grew past the right time to abort.
In a case where the baby is likely to harm the mother, most doctors will opt to save the lady’s life rather than the child, unless the lady explicitly states that the baby should be saved. If there is a possible genetic anomaly that might kill both the baby and the mother or leave the child with defects, a wrongful birth claim is possible through lack of enough knowledge or understanding.
Seek legal help
If there is adequate evidence that your doctor was negligent and didn’t offer the right information you needed to make a choice regarding your pregnancy, then, you may have a valid wrongful birth claim. You need to work with an experienced attorney who understands birth injury law and can act in your best interests.