Suing Your Doctor for Birth Defects
Unfortunately, birth defects are very common. About 1 in 33 children will be born with a birth defect. There are over 4,000 different birth defects that can affect your child before he or she is even born. Chromosomal abnormalities, physical defects, and genetic conditions are all things that expecting parents may be interested in screening their child for. Birth defects can be detected before a child is born through prenatal screening. Some of these birth defects include Down syndrome, congenital heart disease, and spina bifida. After going through screenings, doctors may run other tests specifically to diagnose the defect that appeared in the screenings. It is of utmost importance that the doctors offer these tests and give parents the correct results.
It is possible that doctors do not correctly diagnose a birth defect after screenings. It is also possible that doctors do not even offer screenings. When this happens, birth defects can go undetected throughout the whole pregnancy. The parents will learn of their child’s birth defect only after the child is born. Prenatal screenings occur early in pregnancy—in the first and second trimesters. Parents who find that their child has developed a birth defect are given a choice to continue or terminate the pregnancy. Additionally, some birth defects can be addressed while the child is still in the womb. When parents are not informed of their child’s conditions, they do not have these options available to them.
It is important for parents to be informed of any birth defects present in their child for numerous reasons. Most importantly, they might decide that they do not want to continue the pregnancy if they feel that they are not ready to take on the responsibility of caring for a child with special needs. Also, if parents are not informed of birth defects, they may not have the time to process and prepare for caring for their child. Parents who have been properly informed of the presence of a birth defect might reach out to experts and learn everything necessary to care for their child and give him or her a good quality of life.
If your child was born with a birth defect that was not previously diagnosed, you might have a lot of questions about your legal rights. Some of your questions may include the following:
- Can I sue my doctor for a missed birth defect?
- Can I file a lawsuit for the failure of my doctor to diagnose a birth defect?
- Can I file a lawsuit for the failure of my OBGYN obstetrician to detect my baby’s birth defect?
- Can I sue my doctor for not telling me about my baby’s birth defect before he was born?
An expert attorney who has experience in birth defect cases will be able to address all of your specific questions regarding your claim. In this article, you will find the answers to the general questions listed above. An accomplished lawyer experienced in birth defect cases at the top-rated Normandie Law Firm will be able to assist you with taking legal action.
Can I File a Lawsuit?
Doctors have the duty to ensure that their patients are cared properly cared for. During pregnancy, OBGYN’s are responsible for monitoring fetal growth and ensuring that the growing child is healthy. Doctors are not to blame for the defects that a child may develop in the womb; however, they are responsible for detecting and addressing these defects. Failure to diagnose the defect and failure to inform the patient (the pregnant mother) is considered medical negligence. Why is this negligence? Like previously mentioned, doctors have the duty to care for their patients to the best of their ability. If doctors do not conduct the proper screening tests or do not properly interpret the results, then they have breached the duty of caring for their patients. Because they have breached their duty, the parents will unknowingly give birth to a child with a birth defect. The child’s birth and his or her subsequent quality of life will be a result of the doctor’s breach of duty.
If your OBGYN failed to diagnose your child’s birth defect or failed to inform you of your child’s birth defect, you have been a victim of birth-related medical malpractice. A qualified attorney with expertise in birth defect injury lawsuits can help you file a claim.
Birth-Related Medical Malpractice
There are three categories of birth-related medical malpractice.
- Mother or Infant Birth Injuries—the actions of the doctors result in injury to the infant or the mother. Parents can suffer emotional injuries due to the infant’s illness, injury, or death during pregnancy or birth.
- Wrongful Birth—the parents would have avoided or terminated the pregnancy if they had been informed of the existence of the birth defect present in their child.
- Wrongful Pregnancy—the parents tried to avoid pregnancy but the method failed. For example, if people go through sterilization procedures and then become pregnant, it is possible that the doctors were negligent when performing the procedure.
The second type of birth-related medical malpractice—wrongful birth—is the category related to birth defect lawsuits. If you were not informed of your child’s birth defect during pregnancy, you need to contact a skilled lawyer with experience handling pregnancy malpractice claims in order to file a wrongful birth claim.
How Do I File the Claim?
Before reaching out to an experienced attorney to file your claim, you must collect all the relevant information. You may need to find the following documents to show your attorney:
- Police reports
- Medical records
- Medical bills
- Information on income loss
- Insurance company correspondence
Remember, the information you include should be relevant to your child’s birth defect. For example, you may include any images of ultrasounds and any blood test results from during your pregnancy. You may also include the medical bills that have resulted from the medical attention your child’s birth defect requires. This information will help an attorney establish the monetary value of your case.
A top attorney will help you understand the monetary value of your cas and will demonstrate a few examples of past birth defect lawsuit settlement amounts so that you can have a general idea of what your case is worth.
Normandie Law Firm
If your doctor missed your child’s birth defect or simply did not inform you of the birth defect, you have the right to sue. You must talk to a medical malpractice lawyer in Los Angeles. Contact Normandie Law Firm as soon as possible. Our Los Angeles attorneys have handled many cases just like yours. We are committed to giving our clients the best legal service available. Our experienced lawyers have all the information you need to file a successful lawsuit.
FREE LEGAL CONSULTATION: Our law firm offers clients completely free consultations. Call Normandie Law Firm now and schedule an appointment as soon as possible. Make sure you bring the important information listed above to your free consultation. Those documents will allow your attorney to thoroughly evaluate your case. If you already have an attorney with another law firm, you can also schedule an appointment with Normandie for a free second opinion. Many lawyers are only momentarily interested in your case; however, they quickly check out and go sign more cases. Your case may not be receiving the proper attention. At Normandie Law Firm, we are committed to providing extraordinary service to each case. We are not interested in signing as many cases as possible. We believe in giving our clients quality legal advice—that means taking as long as necessary answering any of your questions and constantly reviewing your case to ensure that you receive all the compensation you deserve.
Normandie Law Firm offers all clients a Zero-Fee guarantee. We understand that you are going through an emotionally, mentally, and financially troubling time. Let our birth defect claim attorneys in Los Angeles handle your case at no charge. You will never have to pay anything upfront for any of our legal guidance. Our law firm is strictly contingency-based, so you will not pay anything until our lawyers with experience in birth defect claims win your case. Contact Normandie Law Firm as soon as possible. We want to help fight you and your child. One of our attorneys with experience in birth defect cases will be available to take your call.
