Wrongful Birth Lawsuits

A child with serious birth defects which could be some genetic disorder may be difficult for the parents and family to handle. Some parents would have preferred the chance to avoid the situation if they were notified early in the pregnancy with proper detection since technology is very advanced today in the medical field.

Parents and Child’s Perspective

Grieving or challenged parents with a child that has severe genetic disorders may feel cheated in life for not having the option to avoid the pregnancy. These parents are very burdened with a child born with birth defects especially when their obstetrician or gynaecologist could have or should have detected the condition early in their pregnancy.

A child born with severe genetic disorders is not only a burden to the family but him or herself. Depending on the type of disorder, pain and suffering may come on bringing great discomfort to the child. This would tear the parents’ hearts to see the agony and helplessness of the child as they are unable to relieve their child of the hopelessness in life. Great struggles beset the family as caring for such a child is very challenging and draining in energy and time.

Many nations may offer parents an alternative through a legal abortion to relieve the parents from bearing such a heavy load and emotional suffering. However, negligence may crop up through the obstetrician to invoke a wrongful birth.

Wrongful Birth in the Medical Arena

A wrongful birth refers to the birth of a child which should not have had happened. This would probably be due to the severe birth defects or genetic disorders which the child is inflicted with to have a meaningful and normal life. A wrongful birth could happen when the doctor failed to detect some abnormality in the foetus during pregnancy which should be detected using the latest scientific technological tools in the medical field.

Doctors or obstetricians who did not execute careful checks on the expectant mother or growing foetus could easily miss a severe birth defect if they were callous about the pregnancy. It is possible to miss genetic disorders if:

  • Doctors are general practitioners and not trained obstetricians
  • Doctors have little experience in genetic disorder cases
  • Over-confident obstetricians who assumed a normal pregnancy for all expectant mothers
  • Callous or negligent doctors who may be over scheduled with work and other commitments
  • Lack of proper facilities in the hospital or clinic
  • Expectant mothers do not adhere to regular checkups by qualified doctors
  • Parents did not reveal possibility of genetic defective genes before going ahead with family planning

Every pregnancy is unique and different with different challenges arising. With the availability of advanced technologies, dynamic medical tools have been invented to monitor a pregnancy intricately. Expectant mothers are scheduled for regular checkups during the whole pregnancy trimesters to monitor the development of the baby and the health of the mother to ensure safety for both parties. These checkups would reveal possible conditions outside the norm which parents should be informed as quickly as possible.

When the baby is suspected to be growing abnormally, parents should be the first to be informed regardless of confirmation through further testing. Parents should be given the right to make the final decision on the fate of their unborn child that is identified with genetic disorders. Many parents do want this option which they feel is their responsibility and right. They might choose to terminate the pregnancy for very personal reasons.

A detailed medical history of the parents and relatives would be a good gauge on the possibility of birth defects in unborn children.

Legal Assistance in Wrongful Birth Litigations

Parents who have a child with birth defects or genetic disorders may be embittered in life with the heavy responsibility of caring for their special child especially if they are not financially capable. They would have preferred a termination of the pregnancy upon an early detection if their obstetrician conducted careful testing on the growing foetus.

As an established law firm that specializes in such challenging cases, we have a team of dynamic disability claims lawyers who are experienced and skilled in handling wrongful births litigation. Our hospital negligence lawyer specialist is apt with medical terms and procedures to understand the condition of genetic disorders or birth defects by collaborating closely with medical professionals and specialists to review the case accurately to benefit the affected parents.

Our no win no fee injury lawyer works diligently and meticulously to check on solid evidence to confirm the wrong medical advice.

If you, your family or a friend has been injured in an accident, please feel free to speak to one of our injury lawyers for a free consultation about how we are able to assist in making a personal injury claim. We consult in all cities across Ontario with a no win no fee guarantee. Our personal injury lawyers have helped victims secure millions of dollars in personal injury cases. Call us Toll Free On our 24/7 Injury Hotline: 1 – 844 495 7333.

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