Robert A. Solomon, P.C.
Two Offices Serving
New York and New Jersey

What is a wrongful life lawsuit?

An unusual kind of lawsuit that you may wish to claim after the birth of your child is called a wrongful life lawsuit. Unlike a wrongful death lawsuit, this lawsuit focuses on bringing a person into the world who has severe disabilities or ailments.

The parents of the child can sue for the fact that the child has been born disabled or with severe medical conditions if the defendant had provided negligent genetic counseling or misdiagnosed conditions present in the fetus. If, as a result of this negligence, an infant is born with birth defects, the parents are in a position to file a lawsuit.

There are a few situations that are more common to lead to these lawsuits. For instance, failing to inform patients about risks or complications can lead to medical malpractice lawsuits. Wrongful birth claims can be filed if the individual claims she didn't know enough to make an informed decision about carrying the fetus to term. For instance, if a woman is carrying a disease that a doctor fails to diagnose and that disease then affects the child, a wrongful birth claim could be made.

Wrongful birth damages are awarded to those who successfully sue for a wrongful birth. These parents may receive compensation that is meant to offset the costs of caring for a child with severe birth defects. For example, if the child is deaf and blind because of getting German measles and suffering from congenital rubella syndrome, then the compensation may pay for a special school's tuition, medical monitoring and other treatments.

Source: FindLaw, "Wrongful Birth and Wrongful Life Lawsuits," accessed Feb. 02, 2016

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