If your child was born with health problems, birth defects, or a disability, you might want to consider a wrongful birth lawyer Fort Lauderdale FL trusts. Needle & Ellenberg, P.A. understands the burden of caring for a child who was born with these problems. Parents often feel remorse, anger, and worry when they realize their baby will have a life that they would have otherwise not wanted. It can make things much worse when the defect could have been prevented or detected early one.
If a medical professional did not detect a birth defect or misguided the parents on a birth anomaly, you may be able to sue for a wrongful birth. Needle & Ellenberg, P.A. has decades of experience in wrongful birth litigation and can guide you through your legal options. For a free case review with a Fort Lauderdale wrongful birth lawyer, please call our firm now.
Wrongful birth is a complex, highly intricate legal matter in which a parent, or parents, believes a doctor or medical professional:
- Failed to diagnose a medical problem in an unborn fetus;
- Did not adequately warn the parent of conceiving or giving birth to a child with a medical condition or deformity; or
- Deprived the parent of making an educated decision about whether or not to terminate the pregnancy because of the medical issue.
Laws pertaining to wrongful births vary by state. Nonetheless, there are general principles that apply in these types of claims:
Typically a wrongful birth is a type of malpractice claim. A wrongful birth lawyer in Fort Lauderdale FL will need to prove:
- The doctor/medical professional had a duty to the parent, or in other words there was a patient-doctor relationship;
- The doctor/medical professorial breached this duty. This could happen by not warning the parent(s) about the seriousness of the situation, or risks involved;
- Once the aforementioned is established, a wrongful birth lawyer Fort Lauderdale FL provides must show the parent suffered harm or injury. Usually this involves the child being born with a medical condition or defect; and
- Finally, it must be shown the doctor/medical professional was responsible for the injury or harm.
Typically compensatory damages are limited to medical expenses and costs associated with the child and their raising. Emotional stress or punitive damages might also be included. This is decided on a case by case basis which is why you should choose a well versed wrongful birth lawyer Fort Lauderdale FL has to offer.
Wrongful Births Are Not an Easy Suit
A wrongful birth claim is often very complicated in part due to everything that must be proven in order to win. Usually extensive medical records and witness statements are required. By having a good wrongful birth lawyer Fort Lauderdale FL respects on your side, you can feel peace of mind in knowing your case is in good hands.
For a free consultation with a wrongful birth lawyer Fort Lauderdale FL families trust, please call Needle & Ellenberg, P.A., at (305) 530-0000.