Medical Malpractice: Wrongful Birth

Many articles in the past have discussed what a wrongful death is. Put simply it is when a person dies as a result of someone else’s negligent actions or their failure to act. However, a less spoken of subject is that of wrongful birth. This is probably because it is generally assumed that the birth of a child, planned for or otherwise is a joyous occasion. This article will discuss wrongful birth and the legal aspects to file for a personal injury claim in this regard.

A wrongful birth is generally when a doctor fails to inform parents that their unborn child has a physical or genetic disorder or defect that risks the child having a significantly reduced quality of life. The wrongful birth thus occurs in that the parents would have made a different choice other than birthing the child. The parents, therefore, are able to sue the doctor for what is referred to as a wrongful birth. One article says “wrongful birth claims are brought by the parents of a child with severe defects against the physician whose alleged negligence in the [prenatal diagnosis] deprived the parents of the opportunity to take an informed decision about whether to avoid or terminate the pregnancy”.

Pregnancy and child birth are a miracle in themselves as there may arise many complications during the carrying of the child and its birth. Such complications may occur during the pregnancy period where the mother carrying the child encounters some of the following:

· Injury or harm to the baby

· Genetic abnormalities due to the coupling of the parents

In the above situations, the doctor has the responsibility of speaking to the parents and explaining the risks associated with the birth of such a child and the potential problems that may occur during child birth. Further, the doctor would explain the potential problems that may occur to the child after the mother’s birth. Some common complications that arise in pregnancy and childbirth and are detectable before birth are:

· Congenital defects

· Genetic disorders

· Health problems

There are instances where genetic anomalies may result and lead to a disorder or special needs of a child. Such genetic anomalies are often as a result of the parents’ genes intertwining to create the child. This is possible when there exists a gene that conflicts with another or when a gene becomes dominant by way of dual recessive genes. Such genes may be carried by one or both parents. Some defects may arise that complicate the pregnancy or may result in a child being born with physical or mental impairments. If this occurs some parents may opt not to go through with the birth.  

When specific gene traits are noted that could result in a genetic anomaly, it is the responsibility of medical staff to inform potential parents when they get pregnant. Genetic testing is done to determine if any complications may arise.

To sue for wrongful birth requires sufficient evidence proving the negligence of the medical professional. For legal advice and representation seek out the best attorneys in Wasilla Ak .

Resource Box: For the best attorneys in Wasilla Alaska , the author recommends the Crowson Law Group.

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Created on Sep 24th 2020 06:40. Viewed 190 times.

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