Children who are born with significant disabilities or birth defects often experience pain and suffering, and caring for them can be an emotional and financial burden for the parents. Today, medical advances allow medical professionals to conduct genetic tests on parents to determine if they are carrying certain genes as well as prenatal tests to determine if those genes have been passed on to the unborn child.
When a serious condition is identified, the parents have the option to terminate the pregnancy. If a medical processional fails to properly diagnose a child or provide reasonable genetic counseling about the risks of a birth defect to the parents, they may be able to pursue a wrongful birth lawsuit. In order to have grounds for a lawsuit, the parents must show that they would have terminated the pregnancy or would have elected not to conceive had they known of the potential risk.
In a successful wrongful birth claim the parents may be awarded damages that are directly related to the birth defects, such as the cost of caring for the child. Although wrongful birth is a valid claim is some states, it is not recognized by all.
A wrongful life suit can also be filed by a child who has suffered with severe birth defects due to a negligent diagnosis. Elements similar to those for wrongful birth need to be proven in a wrongful life claim, but many states do not recognize these claims. Moreover, courts have been hesitant to award damages in these cases due the complexities associated with determining an appropriate amount of compensation.
Ultimately, wrongful birth and wrongful life claims involve complex legal and ethical issues, and pursuing these claims can be an emotional burden for the parents. If you are struggling to care for a child with special needs, an experienced personal injury attorney can help determine whether you have a valid claim.