Representing Families in Wrongful Life, Wrongful Birth and Genetic Malpractice Claims
Today, medical technology has progressed to the point where expecting mothers can learn much about the fetus developing in their womb. Ultrasounds and measurements followed by amniocentesis can inform parents as to whether the fetus is healthy or has profound birth defects. When a fetus is discovered to have genetic or congenital defects, parents have the right to decide whether to terminate the pregnancy.
Wrongful Life Can Create Unimaginable Burdens
Parents have the right to information about possible birth defects. If they are not offered the testing or it is improperly interpreted or performed, some mothers unknowingly carry children with profound birth defects to term. These children live extremely difficult lives. Their parents face an unimaginable emotional toll and enormous financial burdens. If a doctor failed to detect or warn you about a profound birth defect, we can evaluate whether you have a viable wrongful life or wrongful birth lawsuit.
At Britcher Leone, LLC, in Glen Rock and Morristown, our lawyers have handled numerous cases in this unique, sensitive area of law. Our attorneys are focused on protecting your legal rights and the rights of your child. We understand and respect your right to make decisions regarding childbirth and medical treatment. If you were not able to exercise those rights because your doctor did not give you the information you needed, we can help.
Were You Given Information to Make an Informed Decision?
Genetic testing, ultrasounds and other prenatal tests can give parents early warning signs about potential birth defects. When obstetricians and other health care providers fail to offer or perform proper tests or fail to investigate markers for genetic or congenital defects, it is a case known as wrongful birth and/or wrongful life.
New Jersey law recognizes the following types of medical malpractice lawsuits:
- Wrongful birth: A wrongful birth claim is the claim of a parent suing for his or her emotional distress associated with having a child with severe defects. These parents were deprived of information that would have resulted in their decision to terminate the pregnancy.
- Wrongful life: These claims are brought on behalf of the child who was born with severe defects for their medical care, special education and other special needs required by their disabilities.
The costs associated with caring for a child with profound disabilities are staggering. Our law firm has represented numerous families in these claims. Below is but one result.
Our firm helped negotiate a $16 million structured settlement on behalf of a Bergen County boy who was born with debilitating hydrocephalus. The boy’s brain had not properly developed, causing impairments of sight, hearing, ambulation, verbalization and other brain function. This condition was missed during prenatal testing, thereby depriving the parents of their ability to make a knowledgeable decision about whether to carry the pregnancy to term.