A wrongful-birth lawsuit occurs when parents take legal action against a doctor for failing to inform them about the potential risks of giving birth to a baby with birth defects prior to the baby’s delivery.
A wrongful-birth action refers to a lawsuit that parents can file against a doctor or healthcare provider for neglecting to disclose the risks associated with having a child with birth defects. In such cases, the parents argue that they would have opted not to have the child had they been adequately informed about the risks in advance. For instance, a couple undergoes genetic testing before attempting to conceive, but the doctor fails to inform them that they both carry a genetic disorder with a high likelihood of being passed on to their children. Consequently, the couple has a child with the disorder and initiates a wrongful-birth action against the doctor. Similarly, a pregnant woman receives an ultrasound revealing a serious heart defect in her baby. However, the doctor assures her that everything appears normal and neglects to disclose the potential risks. As a result, the baby is born with the heart defect, prompting the parents to file a wrongful-birth action against the doctor. These instances highlight how a doctor’s failure to disclose potential risks can lead to a wrongful-birth action. In both scenarios, the parents contend that they would have made a different decision had they been properly informed about the risks in advance.
A wrongful-birth action is a legal claim brought by parents who allege that they would have chosen not to have a child if they had been properly informed of a genetic or congenital condition before conception or birth.
The grounds for a wrongful-birth action typically involve a failure by a healthcare professional to provide accurate information about the potential risks or genetic conditions associated with a pregnancy, leading to the birth of a child with a disability or medical condition.
The parents of the child with the disability or medical condition are typically the ones who can file a wrongful-birth action. However, the laws regarding standing to sue may vary depending on the jurisdiction.
Damages that can be sought in a wrongful-birth action may include medical expenses, costs of caring for the child, emotional distress, loss of income, and other related expenses.
Yes, a wrongful-birth action can be brought against a healthcare professional, such as a doctor, genetic counselor, or hospital, if they failed to provide accurate information or properly advise the parents about the risks associated with a pregnancy.
The standard of proof in a wrongful-birth action typically requires the parents to demonstrate that, had they been properly informed, they would have chosen not to conceive or continue the pregnancy.
No, wrongful-birth actions are not recognized in all jurisdictions. The availability and legal recognition of wrongful-birth claims may vary depending on the country or state’s laws.
Wrongful-birth actions are generally limited to cases where the child is born with a severe disability or medical condition that was not properly disclosed or diagnosed by the healthcare professional.
In most cases, a wrongful-birth action cannot be brought if the parents were already aware of the potential risks or conditions associated with the pregnancy. However, specific circumstances may vary, and it is best to consult with a legal professional to determine the viability of a claim.
The statute of limitations for filing a wrongful-birth action varies depending on the jurisdiction. It is crucial to consult with an attorney to understand the specific time limits applicable to your case.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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