Physicians and hospitals are facing more “wrongful birth” claims than ever before. With the increased availability and advances in prenatal genetic testing, patients are obtaining more tests than ever in order to identify abnormalities prior to birth. So when babies are born with unexpected disabilities, lawsuits arise.
What can you expect if you are sued?
Allegations brought against the doctor commonly include “missing” (usually subtle) findings on the prenatal study or “failing to properly communicate” the abnormal results. Through the course of the lawsuit, the parents must also prove that, had they known of the abnormalities in utero, they would have aborted the baby. In addition to this very challenging issue, there is often high financial exposure for recovering the extraordinary costs of raising a child with special needs.
Waranch & Brown has defended wrongful birth claims, including genetic defect, ultrasound and other prenatal testing issues. In doing so, we strongly advocate the use of “blind reviews” by experts and full investigation into the Plaintiffs’ background. While we hope you never have to defend such a claim, we have the experience to help.