Florida is one of more than 20 states that allows parents, with the help of a wrongful birth lawyer Miami FL respects, to seek damages for a child born with birth defects. These cases are generally based on the notion that a mistake was made by a negligent medical professional that deprived the parents of the opportunity to avoid conception or terminate the pregnancy. With advanced genetic testing that allows early detection of certain birth defects, physicians and medical professionals are becoming more and more responsible for to determining and communicating any fetal issues.
We understand that most families do not have the experience or finances to take on a doctor’s or a hospital’s insurance company. At Needle & Ellenberg, P.A., a skilled wrongful birth lawyer Miami FL trusts on our team can discuss your case with you at a free initial consultation, as well as work with you on a contingency fee basis if it is decided to move forward with the case. For your free evaluation, call us today!
Common Wrongful Birth Scenarios
Doctors have a duty to inform their patients about any known risks or complications involved in a pregnancy. As a wrongful birth lawyer Miami FL has to offer might explain, failing to do so can make a healthcare professional liable for consequential damages. Plaintiffs, or those filing the suit, in these kinds of cases often claim that the lack of information inhibited them from making an informed decision about whether or not to bring the child to term.
Parents, and a top wrongful birth lawyer Miami FL relies on, must prove that the withheld or negligently missed information concerning the fetus’ status, if it had been communicated, would have yielded the termination of the pregnancy. Similarly, if one (or both) of the parents has a genetic condition that increases the risk of having a child with major birth defects, but their doctor failed to diagnose this condition and inform them about the risk of birth defects during genetic counseling, they may also file a suit..
Wrongful Birth Damages
Mothers who successfully sue for wrongful birth can receive financial compensation to help offset the costs of caring for a disabled child. These expenses can include:
- tuition for special schools to help a child with a severe learning disability
- the costs of regular medical monitoring and treatment
- emotional or mental distress suffered as a result from the child’s birth defects
It should also be noted that it is highly unlikely for the court to award compensation for the costs not directly attributable to the birth defects. This means common childhood expenses are almost never recoverable.
Contact a Miami Wrongful Birth Lawyer Today
If you and your family have faced the consequences of a negligent medical professional in a wrongful birth scenario, we can help. At the Needle & Ellenberg, P.A., we’ve dedicate our lives to fighting for the rights of people just like you. Call a skilled wrongful birth lawyer Miami FL is proud to have fighting for its community, today.