Wrongful Pregnancy Lawsuit

Wrongful Pregnancy Lawsuits

A wrongful pregnancy claim or birth lawsuit is a legal claim brought by parents against healthcare providers, alleging that medical negligence deprived them of the information necessary to make an informed decision about whether to continue or terminate a pregnancy. 

This type of lawsuit arises when a healthcare provider fails to diagnose, disclose, or properly test for a genetic abnormality or birth defect during prenatal care.

In the case of a wrongful pregnancy claim, the associated legal claim arises from pregnancies that occur following sterilization procedures. 

Parents may seek damages for the emotional, financial, and medical costs associated with raising a child with a condition they were not informed about.

The claim focuses on the provider’s failure to provide essential information during pregnancy, rather than the existence of the child.

Wrongful Birth vs Wrongful Life

A wrongful birth claim is a case in which parents sue a healthcare provider because a child is born with significant congenital defects/disabilities.

These defects/disabilities are not the result of the care provided; rather, they are inherent in the child’s genetic makeup.

Unlike birth injury lawsuits stem from medical negligence (or a healthcare professional deviating from the standard of care), wrongful birth and wrongful life lawsuits are the result of a healthcare professional not properly diagnosing or missing a diagnosis of a health condition or a birth defect.

A wrongful life lawsuit is a legal claim brought on behalf of a child, usually by their parents, alleging that medical negligence during prenatal care, such as failure to diagnose a genetic defect or birth defect, resulted in the child being born with a condition that could have otherwise been prevented or avoided. 

The claim asserts that, had the medical provider informed the parents of the condition, they would have chosen to terminate the pregnancy.

In these cases, the child seeks compensation for the suffering and medical expenses associated with living with the condition.

What Is A Wrongful Birth Lawsuit Case?

A wrongful birth lawsuit case is a legal action initiated by parents against healthcare providers who allegedly failed to provide adequate information or performed negligent medical practices that led to the birth of a child with a serious medical condition or disability. 

These cases are based on the argument that had the parents been properly informed of the risks or the child’s condition during pregnancy through prenatal testing or similar procedures, they would have chosen to terminate the pregnancy.

Key aspects of a wrongful birth lawsuit include:

• Negligence. Parents must demonstrate that the healthcare provider failed to meet the standard of care, such as not conducting necessary tests or misinterpreting test results.
• Informed Choice. These lawsuits are centered on the claim that parents were deprived of the opportunity to make an informed decision about whether to continue the pregnancy based on relevant medical information.
• Damages. In a wrongful birth or pregnancy lawsuit, parents seek compensation for various damages, such as medical expenses for the child’s care, emotional distress, and the costs associated with raising a child with special needs.

Overall, wrongful birth lawsuits focus on the impact of medical negligence on the parents’ ability to make informed reproductive choices.

What Is A Wrongful Life Lawsuit Case?

A wrongful life lawsuit case is a legal claim brought on behalf of a child who argues that medical negligence during prenatal care resulted in their birth with a serious medical condition or disability that could have been prevented.

In these cases, the child alleges that had their parents been adequately informed of the risks or potential conditions through proper testing and diagnosis, they would have opted to terminate the pregnancy.

Key elements of a wrongful life lawsuit include:

• Medical Negligence. The case centers around the claim that healthcare providers failed to diagnose or inform the parents about a genetic disorder or congenital condition that would have influenced their decision regarding the pregnancy.
• Existential Claim. The child asserts that their life, given the circumstances of their condition, is filled with suffering and challenges that could have been avoided had the medical negligence not occurred.
• Damages. The lawsuit typically seeks compensation for various damages, including ongoing medical expenses, pain and suffering, and diminished quality of life due to the child’s condition.

Wrongful life cases are often highly controversial, as they raise ethical questions about the value of life and the implications of assigning monetary compensation for being born with a disability.

The legal outcomes can vary significantly based on jurisdiction and the specific circumstances of each case.

If you are in Illinois and want to learn more about a wrongful pregnancy lawsuit contact our medical malpractice attorneys today.

Birth Defects Lawsuits

A birth defects lawsuit is a legal claim filed by parents on behalf of a child who has been born with physical or developmental abnormalities due to various factors, often including medical negligence, harmful medications, or environmental exposures. 

These lawsuits seek to hold healthcare providers, pharmaceutical companies, or manufacturers accountable for the circumstances that led to the birth defect.

Key aspects of a birth defects lawsuit include:

• Cause(s) Of The Birth Defects. The lawsuit may allege that the birth defect resulted from negligence in prenatal care, improper use of medications during pregnancy, exposure to toxic substances, or failure to diagnose a condition that could have been managed or mitigated.
• Negligence Or Liability. Parents must establish that the defendant’s actions or omissions directly contributed to the child’s birth defect. This may involve demonstrating that a healthcare provider failed to provide appropriate care or that a manufacturer failed to warn about the risks of a medication.
• Damages. The lawsuit seeks compensation for various damages, which can include medical expenses for treatment of the birth defect, pain and suffering, emotional distress, and costs related to the ongoing care and support needed for the child.

Birth defects lawsuits aim to address the physical, emotional, and financial challenges faced by families as a result of a child’s congenital condition.

Is A Birth Defects Lawsuit The Same As A Wrongful Birth Claim?

A birth defects lawsuit can be considered a type of wrongful birth case, but there are distinctions between the two.

A wrongful birth claim originates when parents argue that they were not informed of potential risks or defects during pregnancy, leading them to proceed with the pregnancy when they would have chosen to terminate it if they had known.

Parents claim damages for the emotional and financial burdens of raising a child with disabilities or defects.

On the other hand, birth defects lawsuits encompass various claims, including wrongful birth but may also involve negligence cases against healthcare providers, manufacturers of medications or medical devices, or environmental factors.

For instance, if a medication taken during pregnancy causes birth defects, a lawsuit might be filed against the drug manufacturer for failing to warn about risks.

In short, while wrongful birth cases specifically involve claims related to not being informed about the risks of birth defects, broader birth defects lawsuits can cover a wider range of legal issues.

Our Experience With Wrongful Pregnancy And 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 pregnancy, wrongful birth, and wrongful life lawsuits.  

Our Chicago birth injury lawyers have successfully litigated numerous cases where patients suffered harm due to wrongful pregnancies and births, securing 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. 

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

Some examples of medical malpractice cases we’ve handled include settlements over $1,000,000.

Typical Wrongful Birth Cases

Wrongful birth cases often involve situations where healthcare providers fail to diagnose or disclose significant genetic or congenital conditions during prenatal care, depriving parents of the opportunity to make informed decisions about the pregnancy. 

Common scenarios include but are not limited to:

• Failure To Detect Down Syndrome. In some cases, medical professionals may fail to conduct or properly interpret prenatal screenings, such as ultrasounds or blood tests, which would have revealed the likelihood of Down syndrome. The parents argue that, if informed, they would have terminated the pregnancy.
• Misdiagnosis Of Fetal Abnormalities. Parents may sue if ultrasounds or other diagnostic tests fail to identify severe congenital abnormalities (e.g., spina bifida, heart defects) that could have led to a decision to terminate the pregnancy.
• Failure To Screen For Hereditary Conditions. Some wrongful birth cases arise when medical providers fail to conduct genetic testing, especially when one or both parents have known risk factors for conditions like cystic fibrosis, Tay-Sachs disease, or muscular dystrophy. Failure to diagnose rarer conditions, such as the one described in this $50 million verdict wrongful birth case, may also result in wrongful birth lawsuit.
• Inadequate Communication Of Test Results. Even if tests are properly conducted, wrongful birth claims can occur if doctors fail to communicate abnormal results to the parents, depriving them of the option to consider terminating the pregnancy.

In each case, the parents generally seek compensation for the emotional distress and the financial burden of raising a child with significant medical needs.

Wrongful Birth Damages

Damages in a wrongful birth lawsuit are intended to compensate parents for the emotional, financial, and practical burdens associated with raising a child with a serious medical condition or disability that they would have opted to terminate if adequately informed. 

Some categories of damages sought in wrongful birth cases include:

• Medical Expenses. Compensation for the costs of medical care, treatments, therapies, and medications required for the child’s condition.
• Emotional Distress. Damages for psychological pain and suffering due to the unexpected challenges of raising a child with a disability, which may include anxiety, depression, and grief.
• Loss of Income. If one or both parents must reduce work hours or quit their jobs to care for the child, they may seek compensation for lost wages.
• Costs of Raising The Child. Compensation for the ongoing expenses of raising a child, including education, special needs services, and long-term care.
• Counseling Services. Reimbursement for any counseling or therapy the parents may require as a result of the distress associated with the wrongful birth.

These damages aim to provide financial support and recognize the profound impact of medical negligence on the parents’ lives.

Wrongful Life Lawsuits

A wrongful life lawsuit is a legal claim brought on behalf of a child who argues that medical negligence or personal injury during prenatal care, such as a failure to diagnose a serious genetic disorder or congenital condition, led to their birth with disabilities that could have been avoided.

The child alleges that, had their parents been properly informed of the risks and options available, they would have chosen to terminate the pregnancy. 

Damages sought in these cases often include medical expenses, pain and suffering, and compensation for the diminished quality of life due to the child’s condition.

The lawsuits can be controversial, as they challenge the ethics of valuing life and may face legal hurdles depending on jurisdiction.

Ultimately, these cases focus on the impact of medical negligence on the child’s existence and quality of life.

Wrongful Life Damages 

Damages in a wrongful life lawsuit are sought on behalf of a child who claims that medical negligence deprived them of the opportunity to avoid being born with a serious medical condition or disability. 

While the specifics can vary by jurisdiction, categories of damages include:

• Medical Expenses. Compensation for the costs associated with the child’s ongoing medical treatment, therapies, surgeries, and medications related to their condition.
• Pain And Suffering. Damages for the physical and emotional pain the child may experience as a result of their condition, recognizing the hardships they face in life.
• Loss Of Enjoyment Of Life. Compensation for the diminished quality of life due to the limitations imposed by their medical condition, including restricted activities and experiences.
• Future Care Costs. Reimbursement for anticipated future expenses related to the child’s medical care, rehabilitation, and any necessary assistance or support services over their lifetime.
• Loss Of Companionship. In some cases, damages may also account for the impact on familial relationships and the emotional distress experienced by both the child and the parents.

In many jurisdictions, wrongful life claims are controversial and can face legal challenges, as courts may be reluctant to assign a monetary value to life itself.

Definitions And Background Information On Wrongful Pregnancy Lawsuits

1. What is a wrongful pregnancy suit or wrongful birth? 

A wrongful birth refers to a legal claim or medical malpractice lawsuit 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 medical provider’s failure to provide essential information, not the child’s birth itself.

2. What are the risk factors for wrongful pregnancies?

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 pregnancy or wrongful birth?

The time limit to file a personal injury 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 two 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 or wrongful pregnancy?

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

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. 

A wrongful pregnancy claim arises when a doctor’s negligence results in an unintended pregnancy, such as a failed sterilization procedure or ineffective contraception.

Both claims focus on the doctor’s breach of duty and the resulting consequences for the parents.

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 pregnancy or wrongful birth automatically lead to a valid legal claim against the health care provider?

A confirmed wrongful pregnancy or 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 or pregnancy?

Wrongful birth or pregnancy 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 pregnancy or wrongful birth?

If you die as a result of a wrongful pregnancy or 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 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 or pregnancy 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 have experienced a wrongful pregnancy or birth?

If you or your child have suffered due to a wrongful birth or pregnancy, 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 pregnancy occurred?

To prove a wrongful pregnancy case, you must show that a healthcare provider or medical professional acted negligently, such as by improperly performing a medical sterilized procedure or prescribing ineffective or wrongful contraception such as birth control pills. 

Evidence in a wrongful pregnancy lawsuit would include medical records documenting the procedure or treatment, expert testimony to establish the standard of care, and proof that the pregnancy directly resulted from the provider’s failure.

Causation between the negligence and the unintended pregnancy is key to the claim.

14. How do you prove a wrongful birth occurred?

To prove wrongful birth, you must demonstrate that a healthcare provider or doctor 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.

15. How do you prove a wrongful life lawsuit?

To prove a wrongful life lawsuit, you must show that a healthcare provider’s negligence, such as failing to detect or disclose a serious genetic condition or birth defect, resulted in the birth of a child with severe disabilities. 

The personal injury claim, typically brought on behalf of the child, argues that the child would have been better off not being born, and evidence must establish that the condition should have been identified through proper testing and communicated to the parents.

Expert testimony and medical records are critical to demonstrating the provider’s failure to meet the standard of care.

16. How many wrongful pregnancies or wrongful births are there per year?

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

17. I think I experienced a wrongful pregnancy or wrongful birth. Now what?

If you believe that you or a loved one have experienced a wrongful birth or pregnancy, 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 and wrongful birth cases 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 pregnancy or birth, including medical expenses, pain and suffering, and other losses.

18. Can you file a claim for a wrongful pregnancy or wrongful birth?

Yes, you can file a lawsuit claim for a wrongful pregnancy or 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 Pregnancy Or Wrongful Birth Case In Chicago, Illinois

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

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