Wrongful Birth Attorneys
Maryland and Washington, D.C. Psychiatric Malpractice
Wrongful birth is the legal term used to describe a doctor’s negligent actions resulting in the birth of an unwanted child, and this is effectively a medical malpractice claim. There are a few broad categories under which this action falls. An indication of birth defects may prompt the biological parents to terminate the pregnancy. Another cause is when sterilization does not prevent pregnancy.
Cases involving wrongful birth can be more complex than other malpractice cases. While you are not required to retain the services of a lawyer, it is wise to have an experienced wrongful birth attorney looking out for your best interests. After all, most hospitals or their insurers have panel defense counsel that are immediately available to defend them. It is good to have a strong voice to advocate on your behalf while counseling you through the process and ensuring you receive the compensation to which you are entitled for your losses.
The lawyers at Henderson Law having been collectively serving Maryland and Washington, D.C. families for over 30 years. We are here to help you in your efforts to secure a monetary recovery. Schedule a free consultation with our office today. You can request yours by calling (410) 721-1979. Or you can send us a written request here.
A wrongful birth lawsuit can be filed when a woman becomes pregnant following a sterilization procedure and/or a medical provider misdiagnoses the condition of the fetus, such that the child’s parents are unaware that their child will be born with a significant medical issue that may require lifetime care. A major element in proving your claims is that you must prove your health care team was negligent and in turn caused a wrongful birth. While difficult, the law in the State of Maryland and the District of Columbia provides that every parent has autonomy when deciding to carry a baby to term.
Wrongful birth lawsuits fall under the category of medical malpractice. Medical malpractice is the act of a medical care provider not meeting the standard of care in diagnosing and treating a patient. Not only that, but the doctor’s deviation from standards of care result in financial losses to you as a result of your injuries.
Doctors perform tests and diagnostics on a fetus when it is still in the womb. You and your attorney, if you hired one, must prove that your doctor was negligent is providing test results, understating, or interpreting them. The second element is showing that you would have terminated the pregnancy had you known about the condition.
Types of Wrongful Birth Cases
Wrongful births may also stem from procedures that were incorrectly administered. The most common are vasectomies and tubal ligations. These procedures are designed to prevent sperm from entering the uterus, thereby preventing pregnancy. When such a procedure is not performed correctly, an individual may have a wrongful birth case on their hands if fertilization carried a baby to term.
Wrongful birth cases are also the result of faulty birth control methods. These cases can include the wrong prescription or defective device. Even though birth control is not 100% effective, it is important to acknowledge that it does not cover negligence on behalf of the healthcare provider.
Damages in a Wrongful Birth Lawsuit
Wrongful birth lawsuits are eligible for the recovery of future or current expenses of valid claims. The idea is to legally compensate the parent and/or child with the fiscal discrepancy of raising a child with birth defects. Maryland and Washington, D.C. parents may file a claim for:
- Medical expenses
- Future health care costs
- Special education arrangements
- Mental anguish
- Pain and suffering
Negligent sterilization cases are unique in that if the resulting fetus is healthy, parents are entitled to compensation for the cost of raising the child.
Damages are difficult to calculate without the trained eye of a wrongful birth attorney. He or she can help you assess a fair compensation amount to express in your formal complaint to the court. You typically only have one opportunity to prove your claims, so it is better to start off on the right foot.
You Do Not Have to Go Against the Hospital Alone
Wrongful birth cases are sensitive and contentious. Parents are already in an agonizing position, and then must contend with a challenging legal process just to claim the compensation they need to cover their losses. If you are in this position, you are not alone. Let our experienced attorneys help to make you as whole financially as reasonably possible. The attorneys at Henderson Law are here to listen and provide feedback. Contact our office today for a free case evaluation.
Henderson Law is accepting new cases in the District of Columbia and Maryland. Henderson Law is willing to take new clients across the State of Maryland, including, but not limited to, new cases arising in the following cities: Annapolis, Crofton, Bowie, Upper Marlboro, Crownsville, Davidsonville, Edgewater, Millersville, Odenton, Severna Park, and Pasadena. Please call Henderson Law for an initial consultation.