CHICAGO, IL – You’ve probably heard the words “wrongful death” and “medical malpractice,” but you may not be aware of another claim that’s closely related to medical malpractice: Wrongful birth.
Wrongful birth cases, sometimes called wrongful conception, is an all-encompassing term for two kinds of claims:
In one kind of case, contraception, or some birth control device, fails, leading to an unwanted pregnancy.
In a different kind of case, a child is born with a misdiagnosed defect which, if the parents had known, they would have opted not to become pregnant, or would have opted to terminate the pregnancy, if they otherwise legally would have that option.
Failure of birth control
In the first kind of case, the defendants are often drug companies or device manufacturers, who manufacture contraceptive medicines and devices that fail.
Similarly, drug manufacturers of medicines unrelated to birth or conception must disclose that their medicines will negate, neutralize, or lessen, the effects of birth control medicines. When they do not provide this necessary information, and the interaction negates the effects of birth control, the parents of the child can sue.
The defendant can also be a medical professional, if a medical procedure, including a vasectomy, fails to prevent conception of a child when it was supposed to do so.
Proof to a jury
In these kinds of cases, there’s nothing wrong with the child; he or she is born healthy. That’s why they can be difficult cases; many people don’t see having a healthy child as being “damaged.” But the damage is the failure to safely and legally control the intimate decision to start or not start a family, a choice that is taken away in this situation— not the actual child or his or her birth.
Undiagnosed medical or genetic conditions
In the second kind of wrongful birth case, either the child or one of the parents often has a medical condition that is almost guaranteed to affect the health of the child, if born. Had the parents known of the condition, they would have opted to not have a child. This sometimes happens when a parent has an unknown genetic disease or condition, that she or he is not advised about, or which is undiagnosed.
One difficulty of these cases is that the parents must prove to a jury that had they known about the undiagnosed or misdiagnosed condition, either in the baby or in themselves, they would have opted to not have the child or to terminate the pregnancy. That is a difficult thing for many parents to say, believe, or want to do.
Still, for babies with conditions that severely impact their quality of life, or which create an enormous medical-financial hardship on parents, it is a valid element of damages and one that the law does recognize.
Contact an attorney in Chicago, Illinois
As lawyers with extensive experience in birth claims, we will help your family determine the full value of your claim and work relentlessly to recover the damages you need to take care of your child and your family. Fill out this form or call us now at (312) 384-1920 for an initial consultation.
