The birth of a child should be a happy occasion. However, when the baby is born with a serious birth defect or genetic disorder, it can be extremely overwhelming for the parents. At DeFrancisco & Falgiatano Personal Injury Lawyers, our Rochester medical malpractice attorneys understand that your love for your child has no bounds, but you also do not want your child to go through a life of hardship. If you feel that you were not given a full disclosure about your child’s detectable health condition during pregnancy, you may be entitled to compensation for your harm.
A wrongful birth claim, also known as a wrongful life claim, is a type of medical malpractice claim that is made when a child is born with a birth defect, and the parents allege that the child would not have been born had it not been for the negligent advice or treatment of a medical professional. In essence, the parents often argue that if they had known that the child would be born with this condition or disorder, they would have chosen to terminate the pregnancy.
To establish such a claim, the plaintiffs must demonstrate that but for the medical professional’s breach of their duty to advise the plaintiffs, the plaintiffs would not have been required to assume the extraordinary obligations associated with raising the child because they would have had the opportunity to terminate the pregnancy. For example, certain types of defects, such as Tay-Sachs disease, sickle cell anemia, and Down’s syndrome, can be detected early in pregnancy and are examples of medical conditions that have been at the center of wrongful birth cases.
We can investigate your case and consult experts to get an accurate understanding of the full, long-term magnitude of your child’s condition and how much it will cost to treat or manage. Then, we can help you pursue full and fair compensation in your case. Common examples of damages include medical treatment, pain and suffering, rehabilitation costs, cost of future care, and any other expenses arising from the malpractice. Each case is different, and the damages in each case will vary according to a number of factors related to that case.
It is important to note that the New York Court of Appeals, New York’s highest appellate court, recently held that the statute of limitations for wrongful birth claims in the state begins to run on the date of birth rather than on the date of the alleged medical malpractice. Time is of the essence in these cases, so it is vital to reach out to an attorney as soon as you believe you have a claim.
If your baby was born with severe disabilities that may have been discovered if appropriate testing was done during your pregnancy, you may have a valid wrongful birth claim. At DeFrancisco & Falgiatano Personal Injury Lawyers, our Rochester birth injury attorneys can analyze the facts of your case and help you understand your legal rights and options. Our firm provides free initial consultations, so feel free to call us at 315-479-9000, or you can reach us online.
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