“Wrongful birth” is a legal claim in which a parent or parents allege that a medical provider:
- Did not properly diagnose a serious medical problem with an unborn fetus; or
- Did not properly warn the parent(s) of the risk of conceiving or giving birth to a child with a serious medical problem; or
- Deprived the parent(s) of making an informed decision about whether to terminate the pregnancy because of a serious medical problem with the fetus; or
- Injured a newborn through professional negligence to the mother or child during the child’s birth.
If your child was injured as the result of professional negligence, our caring Las Vegas Nevada personal injury lawyers can help you fight to get the compensation you deserve for:
- Medical expenses;
- Costs of short- or long-term care of the child;
- Special educational needs;
- Pain and suffering; and/or
- Wrongful death.
Proving Wrongful Birth
In essence, a wrongful birth claim is a type of Nevada medical malpractice claim. In these situations, the parent will need to prove the following elements:
- That the doctor owed the parent a legal duty. In general, this means that there must have been a doctor-patient relationship between the parties. The patient’s medical records generally provide for sufficient evidence.
- That the doctor breached that duty. This may have occurred when the doctor misdiagnosed a serious medical problem or if the doctor failed to properly warn or explain the risks associated with giving birth to a child with a serious medical condition. This might occur if a doctor fails to explain to his patient that there are prenatal screenings available to the patient that would alert the patient to any potential risks.
- That the parent or child suffered some type of harm or injury. Generally, when a harm is claimed by the parent, it is based on having a child with a serious birth defect or medical condition. In some cases, it is enough for the parent to claim she was harmed when she was deprived of the chance to make an informed, intelligent decision about whether to terminate the pregnancy.
- That the doctor’s mistake caused the injury or harm. Sometimes a doctor or other medical professional injures a newborn by not providing the care that could have prevented a brain injury or birth defect. Sometimes this comes about simply when the parent claims that she would have aborted the fetus if the doctor had not misdiagnosed or failed to detect the birth defect; or failed to adequately inform the parent about the potential risks associated with giving birth to a child who has a serious birth defect.
How Can a Nevada Wrongful Birth Attorney Help?
Wrongful birth can be difficult to prove. Doctors, nurses and hospitals have malpractice insurers with full-time lawyers to fight these claims.
At the Las Vegas Defense Group, we understand how difficult it can be to focus on a lawsuit when you would rather be taking care of your child.
Our Las Vegas medical malpractice lawyers will deal with the medical provider(s) and insurers so that you don’t have to.
(For cases in California, please see our page on wrongful birth lawsuits in California).