Wrongful Birth

If you are believe that you were not given proper medical guidance or treatment, which led to your child being born with a birth defect or genetic disease, you may have a wrongful birth claim against the at-fault medical professional. At Arfaa Law Group, skilled birth injury lawyer Julia Arfaa can explore the facts of your case and determine the viability of your claim. We understand that dealing with a possible wrongful birth case can be stressful and challenging, especially while caring for a child with special needs. Baltimore wrongful birth lawyer Julia Arfaa and her team are committed to providing vigorous and compassionate representation to Maryland residents at every step of the way.

A wrongful birth refers to situations in which a child is born with a serious health condition that comes as a surprise to the parents. In Maryland, wrongful birth is a legally recognized claim. The parents of a child who is born with birth defects can file this type of lawsuit against a physician or any other medical professional who was negligent in failing to discover a birth defect or genetic defect. Typically, the parents of the child allege that the medical professional misdiagnosed the condition of the fetus, provided negligent genetic counseling about the likelihood of the fetus developing an abnormality, or failed to properly inform the parents of the child’s injury. Consequently, the child was born with a defect that will require extensive medical treatment and, in some cases, permanent care.

Wrongful birth claims are based on a theory of medical malpractice. This occurs when a medical professional causes injuries or death to a patient by failing to adhere to the standard of care that a reasonably prudent medical professional in the same specialty would have used under the same or similar circumstances. In order to establish medical malpractice, the plaintiff must show that the medical professional needed to use a certain level of care in treating the mother and the fetus. The medical professional must have breached the duty of care by failing to identify the health condition, and the parents must show that they would not have continued with the pregnancy if the condition had been identified. For example, if a child is born with Down syndrome, a wrongful birth attorney in the Baltimore area can help the child’s parents bring a case if they had no idea that their child would have that condition, since this type of condition is usually detectable by testing prior to the birth. When parents are told about their unborn child’s potential medical conditions, they can decide how to proceed accordingly.

The damages in these cases consist of the expenses associated with raising and caring for the child. Some of these expenses may include medical costs, rehabilitation costs, tuition for special education to help a child with a severe learning disability, pain and suffering, disability, and any other costs associated with dealing with the child’s conditions. It is important to note that while there is no limit on the amount of economic damages that a plaintiff can recover, there is a cap on non-economic damages. In Maryland, the cap on non-economic damages in 2017 is in the amount of $785,000. The cap is based on the year of the injury, and it typically changes each year.

If your child was born with a birth defect or genetic disease of which you were not told, you may be entitled to compensation for the costs associated with caring for the child. Wrongful birth cases are complicated, so it is important to have a knowledgeable medical malpractice attorney on your side. At Arfaa Law Group, we understand the nuances of this area of the law. Baltimore wrongful birth attorney Julia Arfaa assists children and their parents throughout the state of Maryland. To discuss your case in more detail at no charge, call 410-889-1850 or contact us online.