Wrongful Birth Lawsuit

A wrongful birth lawsuit is a medical malpractice claim in which parents seek compensation, alleging that medical professionals failed to inform them of a significant fetal abnormality or genetic condition during pregnancy.  

As a result, the parents claim they were deprived of the opportunity to make an informed decision about whether to continue the pregnancy or terminate it.

The goal of the lawsuit is to get monetary compensation to cover damages, or the associated medical expenses, special education and therapies, and for the physical and mental trauma and distress of a wrongful birth along with loss of income and other costs. 

Key Elements of a Wrongful Birth Lawsuit

• Medical Negligence. The parents allege that a healthcare provider, such as a doctor, obstetrician, or genetic counselor, acted negligently by failing to properly diagnose, disclose, or communicate the presence of a serious birth defect, genetic disorder, or other medical condition in the fetus.
• Failure to Inform. The lawsuit often revolves around the medical provider’s failure to inform the parents of risks or test results that would have revealed a congenital disability or genetic issue in the unborn child.
• Deprivation of Choice. The central claim is that had the parents known about the condition, they would have opted to terminate the pregnancy or taken steps to prepare for raising a child with special medical needs. The lawsuit argues that the lack of information deprived them of the choice to avoid the birth.
• Damages. The parents typically seek compensation for the additional medical costs related to the care of a child with special needs, the emotional distress and psychological impact of raising a child with a disability, and future expenses related to the child’s ongoing care, therapies, and education.

Common Causes of Wrongful Birth Cases

Some examples of medical negligence that causes or contributes to wrongful birth cases include failure to perform or misinterpret prenatal tests like ultrasounds, genetic screening, or amniocentesis, failure to advise parents about available genetic testing based on family history or other risk factors, or miscommunication of test results that would have revealed a birth defect or condition.

For example, if a doctor fails to inform the parents that a prenatal test shows the fetus has Down syndrome or a severe congenital heart defect, and the child is later born with this condition, the parents might file a wrongful birth lawsuit.

They would argue that they should have been given the choice to terminate the pregnancy based on this information.

Our Experience With Wrongful Birth Lawsuits

Chicago Medical Malpractice Lawyers are a Chicago-based law firm specializing in medical malpractice with extensive experience representing clients in cases involving wrongful birth lawsuits.  

Our birth injury lawyers in Chicago successfully litigated numerous cases where patients suffered harm due to wrongful births, securing financial compensation for medical expenses, lost wages, and pain and suffering. 

Our expertise in this area often involves collaborating with medical experts to uncover negligence and advocate for their clients’ rights for birth injury and wrongful birth actions.

We focus on clients in Chicago, Illinois, and the surrounding areas. 

Wrongful birth lawsuits are sometimes controversial, as they involve complex questions about the right to information, parental choice, and the value of life, particularly when children with disabilities are involved.

Different jurisdictions may treat these cases differently, with some states in the U.S. placing limits on or not recognizing wrongful birth claims.

Contact our birth injury lawyers to learn more about what is involved in a wrongful birth lawsuit.

What is the Difference Between Wrongful Birth and Wrongful Pregnancy Lawsuits?

Wrongful birth and wrongful pregnancy (sometimes referred to as wrongful conception) are both types of medical malpractice claims, but they involve distinct circumstances. 

Wrongful Birth Claims

A wrongful birth claim is brought by parents alleging that medical negligence deprived them of the ability to make an informed decision about whether to avoid or terminate a pregnancy that resulted in the birth of a child with congenital disabilities or genetic conditions.

Typically, parents argue that the doctor failed to diagnose or disclose a fetal abnormality, genetic disorder, or other significant medical condition that would have led them to terminate the pregnancy if they had known about it.

The claim revolves around the lack of information that would have allowed the parents to make an informed choice about the continuation of the pregnancy.

Wrongful Pregnancy (Wrongful Conception) Claims

A wrongful pregnancy claim arises when parents allege that medical negligence led to an unplanned pregnancy, often despite efforts to avoid conception, such as failed sterilization procedures or contraception.

The claim centers around the fact that the parents did not intend to conceive, and the negligence of a medical professional (e.g., botched sterilization surgery or faulty contraception advice) led to an unexpected pregnancy.

The claim involves unintended conception due to the failure of contraceptive methods or sterilization.

For example, if a woman undergoes a tubal ligation surgery to prevent future pregnancies, but the procedure fails, and she becomes pregnant.

Overall, wrongful birth claims focus on a child being born with an unexpected disability due to the failure to provide relevant medical information during the pregnancy.

In contrast, wrongful pregnancy claims are based on the fact that a child was conceived unintentionally due to failed contraceptive or sterilization efforts.

What is the Difference Between Wrongful Birth and Wrongful Life Lawsuits?

Wrongful birth and wrongful life lawsuits are related to medical malpractice claims involving the birth of a child with congenital disabilities or genetic conditions.

However, the key difference lies in who brings the lawsuit and the nature of the claims being made.

In a wrongful life lawsuit, the child files the claim, usually through a guardian or legal representative.

The child claims that medical professionals’ negligence resulted in them being born with a disability or genetic condition, and that their life is significantly worse due to the condition they were born with.

For example, a child born with a severe genetic disorder might argue that had the doctors properly informed their parents of the condition, the parents would have chosen to terminate the pregnancy, preventing their birth.

The child seeks compensation for the suffering and challenges associated with living with the condition, essentially arguing that they should not have been born under these circumstances.

Damages in a wrongful life lawsuit typically include compensation for the pain and suffering the child will endure throughout their life as a result of the congenital disability.

However, courts are generally reluctant to award damages in wrongful life cases because of the ethical implications of comparing a life with a disability to non-existence.

Wrongful birth claims are more widely recognized in courts than wrongful life claims, and wrongful life lawsuits are more controversial and less frequently successful. 

Many courts are hesitant to entertain these claims because they involve difficult philosophical questions about the value of life and whether it can be argued that non-existence is preferable to life with a disability.

Typical Wrongful Birth Cases

The process of filing a wrongful birth lawsuit involves several key stages, from the initial consultation with an attorney to a potential trial or settlement.

Here’s a breakdown of the typical steps in a wrongful birth case:

1. Initial Consultation and Case Assessment

The first step is for the parents to consult with an attorney who specializes in medical malpractice or personal injury law.

During this meeting, the attorney gathers facts about the case, including the parents’ medical history, prenatal care, and the child’s condition.

2. Case Evaluation 

The attorney will evaluate whether there is a valid basis for a wrongful birth claim by reviewing medical records, prenatal test results, and other relevant documentation.

The attorney typically consults medical experts (such as geneticists, obstetricians, or pediatricians) to determine whether the healthcare provider’s actions fell below the accepted standard of care, which is a critical factor in determining whether medical negligence occurred.

3. Filing the Lawsuit

If the attorney and legal team believes the case has merit, a formal legal complaint is filed in court.

This complaint outlines the claims of medical negligence and how the failure to diagnose or disclose the condition resulted in the wrongful birth.

The lawsuit is typically filed against the healthcare provider(s), such as doctors, obstetricians, radiologists, genetic counselors, or the hospital where the care took place.

4. Discovery Process 

Both sides gather evidence through the legal process of discovery.

This includes the exchange of medical records, test results, and any communications between the parents and the healthcare provider.

Both parties may be asked to give sworn testimony in depositions, where the plaintiffs (parents) and the defendants (medical providers) are questioned by the opposing attorneys.

Each side may call on medical experts to provide their opinions.

The plaintiffs will typically use experts to prove that the doctor or healthcare provider was negligent, while the defense will present their own experts to argue that the medical care was appropriate and did not fall below the standard of care.

5. Proving Medical Negligence

The plaintiffs must demonstrate that the healthcare provider failed to meet the standard of care required in the situation, which means they did not act as a reasonably competent provider would have under similar circumstances.

The plaintiffs must also show that the provider’s negligence directly led to the birth of the child with the congenital disability or genetic disorder.

This usually involves proving that if the parents had been properly informed, they would have chosen to terminate the pregnancy or prepared for the birth.

6. Damages

The parents must prove the damages they are claiming, which typically include:

• Medical Costs. The cost of medical treatment, specialized care, and future medical expenses associated with the child’s condition.
• Special Education and Therapies. Expenses for special schooling, therapy, and adaptive equipment for the child’s needs.
• Emotional Distress. Compensation for the emotional and psychological impact on the parents of raising a child with a disability.
• Loss of Income. In some cases, the parents may claim loss of income if one or both parents had to leave work or reduce their work hours to care for the child.

7. Settlement or Trial 

Before the case goes to trial, both parties often attempt to reach a settlement.

In many wrongful birth cases, the healthcare providers or their insurance companies may offer a financial settlement to avoid the uncertainty of a trial.

Sometimes, the case may go to mediation, where both sides meet with a neutral third party (mediator) to negotiate a resolution.

If no settlement is reached, the wrongful birth lawsuit goes to trial.

Both sides present their evidence, including testimony from medical experts and witnesses, to a judge or jury.

The plaintiffs must prove by a “preponderance of the evidence” (meaning it’s more likely than not) that medical negligence occurred, and that this negligence led to the birth of the child with the condition.

After both sides present their arguments, the judge or jury will make a decision.

If the plaintiffs win, the court will award damages to compensate for the financial and emotional impact.

If either party is dissatisfied with the outcome, they may choose to file an appeal, requesting a higher court to review the trial court’s decision.

This can extend the process further.

Potential Outcomes and Damages of a Wrongful Birth Lawsuit

Most wrongful birth cases are settled before trial and a monetary agreement is reached.

If the case goes to trial, the court may award damages to the plaintiffs if they succeed in proving negligence and causation.

If the healthcare provider successfully defends their actions, the court may find that they are not liable, and no damages will be awarded.

Definitions And Background Information On Wrongful Birth Lawsuits

1. What is a wrongful wrongful birth? 

A wrongful birth refers to a legal claim made by parents alleging that medical negligence, such as a failure to diagnose a genetic condition or birth defect during pregnancy, deprived them of the option to terminate the pregnancy. 

This type of claim typically argues that, had the parents been properly informed, they would have chosen not to proceed with the pregnancy.

Damages in wrongful birth cases often cover the emotional and financial burden of raising a child with special needs.

The focus is on the defendant’s negligence to provide essential information, not the child’s birth itself.

2. What are the risk factors for wrongful births?

Risk factors for wrongful births include medical negligence, such as failure to properly screen for genetic conditions or birth defects during prenatal testing.

Inadequate counseling or communication about the risks of hereditary conditions can also contribute, as well as misinterpretation of diagnostic tests like ultrasounds or genetic screenings. 

Lack of timely follow-up or failure to inform parents of abnormal test results further increases the risk.

These factors can prevent parents from making informed decisions about the pregnancy.

3. How long do you have to file a claim for a wrongful birth?

The time limit to file a claim for a wrongful birth varies by jurisdiction but generally ranges from one to three years from the date of discovery of the injury or the date it reasonably should have been discovered.

In Illinois, the statute of limitations for a wrongful birth claim is generally 2 years from the date the parents knew or reasonably should have known of the negligence that led to the wrongful birth.

However, there are some exceptions, such as cases involving minors, where the statute may be extended.

4. Can you file a claim against a doctor for a wrongful birth?

Yes, you can file a claim against a doctor or obstetrician for wrongful birth.

In a wrongful birth claim, parents sue because the doctor failed to inform them of a fetus’s birth defects or genetic conditions, depriving them of the chance to make informed decisions. 

5. Can you file a claim against a hospital for a wrongful birth?

Yes, you can file a claim against a hospital for wrongful birth if the hospital’s staff, policies, or practices contributed to the failure to inform the parents of significant fetal risks or conditions. 

This legal claim would focus on medical negligence, such as improper testing, failure to communicate crucial information, or inadequate prenatal care.

Both the hospital and its employees could be held liable for damages.

6. Will a confirmed wrongful birth automatically lead to a valid legal claim against the health care provider?

A confirmed error that leads to a wrongful birth does not automatically guarantee a valid legal claim against the healthcare provider. 

While it is a crucial factor in a potential medical malpractice claim, establishing liability requires demonstrating that the injury resulted from the healthcare provider’s negligence or failure to meet the accepted standard of care.

A thorough investigation, supported by medical evidence and expert testimony, is necessary to establish the elements of medical malpractice and pursue a successful legal claim.

7. What are the long term impacts of a wrongful birth?

Wrongful birth can have lifelong consequences, impacting the child’s physical health, cognitive development, and overall quality of life.

They may require ongoing medical care, rehabilitation, and support services. Family members may also suffer emotional distress and damages like loss of companionship or loss of income due to caring for the child. 

8.  If I die or my child dies as a result of a wrongful birth, does the claim die as well?

If you or your child die as a result of a wrongful birth, your claim may transition to a wrongful death claim, allowing certain family members or beneficiaries to pursue legal action on your behalf.

9. How long do I have to file a wrongful birth lawsuit, and how long is it likely to take before I receive compensation?

The time limit to file a lawsuit for a wrongful birth or similar claims varies by jurisdiction, typically ranging from 1 to 6 years, while the duration to receive compensation can vary significantly depending on factors such as case complexity and negotiations, potentially taking months to several years.

In Illinois, the statute of limitations for filing a wrongful birth claim is within 8 years of the date of the injury, or before the child’s 22nd birthday, whichever is later.

10. Does Illinois apply any limits on medical malpractice damages?

Illinois does not have statutory limits or caps on medical malpractice damages, meaning there is no cap on the amount of compensation that can be awarded for economic or non-economic damages in medical malpractice cases. 

However, it’s essential to consult with a legal professional or check for any updates in the law prior to making a claim, as regulations can change over time.

11. How much compensation can I receive in a wrongful birth lawsuit?

The amount of compensation you can receive in a wrongful birth lawsuit in Illinois and elsewhere varies widely depending on factors such as the severity of the injury, the long-term impact on the child and family, medical expenses, lost income, and pain and suffering. 

Settlements or jury awards can range from thousands to millions of dollars.

Consulting with a qualified attorney who specializes in wrongful birth cases in your area can provide a better estimate based on the specific circumstances of your case.

12. What to do if you think you had a wrongful birth experience?

If you or your child have suffered physical trauma and emotional or mental distress due to a wrongful birth, consider seeking a second opinion from another healthcare provider, gather all relevant medical records and documentation, and consult with a qualified medical malpractice attorney to explore your legal options.

13. How do you prove a wrongful birth occurred?

To prove wrongful birth, you must demonstrate that a healthcare provider failed to inform or misdiagnosed a significant fetal condition or risk that should have been detected through proper prenatal testing. 

Key evidence includes medical records showing missed or incorrect diagnoses, expert testimony on the standard of care, and proof that if informed, the parents would have made a different decision about the pregnancy.

The focus is on the provider’s negligence and its impact on the parents’ ability to make informed choices.

14. How many wrongful birth cases are there per year?

Although there are no specific numbers for wrongful births, these legal claims are relatively rare compared to the broader scope of unintended pregnancies and births.

15. I think I experienced a wrongful birth. Now what?

If you believe that you or a loved one have a claim for a wrongful birth lawsuit, the first step is to seek immediate medical attention for yourself and your child to address any immediate medical needs.

It’s also essential to gather and organize all relevant medical records and documentation related to the pregnancy process. 

Next, consult with a qualified attorney experienced in medical malpractice in your jurisdiction to discuss your legal options.

Your attorney can help you understand your rights, navigate the legal process, and pursue compensation for the damages incurred as a result of the wrongful birth, including medical expenses, pain and suffering, and other losses.

16. Can you file a claim for a wrongful birth?

Yes, you can file a lawsuit or compensation claim for a wrongful birth.

It’s advisable to consult with a qualified attorney experienced in medical malpractice and wrongful birth cases in your area to understand your legal rights and options for pursuing a claim.

Find Out If You Have A Wrongful Birth Lawsuit Case In Chicago, Illinois

Do you think you have a medical malpractice case based on a wrongful birth that occurred in Illinois?

If you are located in Chicago or the surrounding areas, contact the experienced medical malpractice attorneys today.