Wrongful Birth Lawyers

Learning that your child has a severe congenital or genetic condition can be an overwhelming and heart-wrenching experience, especially when medical professionals withhold or miscommunicate this information. If this happened to your family, a New Jersey wrongful birth attorney with Varcadipane & Pinnisi, P.C. can help.

We understand the emotional and financial toll that wrongful birth cases can take on families. Our compassionate and experienced attorneys are here to support you in seeking justice and obtaining the compensation needed to care for your child.

What is Wrongful Birth?
Main Causes of Wrongful Birth
Is Wrongful Birth a Type of Malpractice?
What’s the Difference Between Wrongful Birth and Birth Injury?
How Can I Prove Negligence in a Wrongful Birth Case?
Why You Need an Experienced Wrongful Birth Attorney?
NJ Wrongful Birth Lawyers Standing By to Help

What is Wrongful Birth?

Wrongful birth occurs when medical professionals fail to inform parents regarding an unborn child’s severe congenital or genetic abnormalities. This lack of crucial information deprives the parents of the opportunity to make informed decisions about whether to continue or terminate the pregnancy. As a result, they may face significant emotional, physical, and financial burdens when raising a child with unexpected medical challenges.

wrongful birth attorneys

In wrongful birth cases, the parents’ claim is against the medical professionals’ failure to inform them of potential health issues. This failure might include not performing necessary prenatal tests, misinterpreting test results, or failing to communicate the risks adequately.

For instance, if a doctor fails to diagnose a severe genetic disorder during prenatal testing, the parents may proceed with the pregnancy without knowing the challenges ahead. Had they been informed, they might have chosen to terminate the pregnancy or be better prepared for the child’s medical needs. The financial and emotional strain of caring for a child with severe health conditions can be overwhelming, justifying the parents’ pursuit of compensation through a wrongful birth lawsuit.

Main Causes of Wrongful Birth

Several factors can lead to wrongful birth claims, primarily revolving around medical negligence during the prenatal care process. Here are the leading causes:

Failure to perform necessary tests: Certain tests are crucial during pregnancy for detecting potential congenital or genetic abnormalities. These tests include ultrasounds, amniocentesis, and chorionic villus sampling (CVS). If a healthcare provider fails to recommend or conduct these tests, significant health issues may go undetected.
Misinterpretation of test results: Even when medical professionals perform prenatal tests, misinterpreting the results can lead to them conveying incorrect or incomplete information to the parents. For example, a sonographer might miss signs of a developmental issue on an ultrasound, or a geneticist might incorrectly interpret the results of a genetic screening.
Failure to communicate risks: Proper communication between healthcare providers and expectant parents is vital. When doctors fail to clearly explain the risks or potential outcomes of prenatal test results, parents may not understand the severity or implications of their child’s condition. This lack of communication can leave parents unprepared for the challenges ahead.
Lack of follow-up: If initial tests indicate potential abnormalities, healthcare providers must follow up with additional testing or referrals to specialists. Failing to pursue further investigations can prevent the diagnosis of severe conditions.
Inadequate genetic counseling: Genetic counselors play a critical role in helping parents understand the risks of inherited conditions. Parents may make decisions based on incomplete or incorrect data if counselors don’t provide comprehensive and accurate information.

These causes highlight the importance of thorough and accurate medical care during pregnancy. When healthcare providers fail to provide that care, you can hold them liable for the consequences by filing a wrongful birth lawsuit.

Is Wrongful Birth a Type of Malpractice?

Yes, wrongful birth is considered a type of medical malpractice. Medical malpractice occurs when healthcare providers fail to meet the accepted standard of care, harming the patient. In wrongful birth cases, the harm is not giving the parents the chance to make informed decisions about the pregnancy due to the medical professional’s negligence.

For a wrongful birth claim to be successful, your New Jersey wrongful birth attorney must establish the following elements:

Duty of care: The healthcare provider owed a duty of care to the parents. This duty includes conducting necessary prenatal tests, accurately interpreting results, and effectively communicating potential issues.
Breach of duty: The healthcare provider breached this duty by failing to perform necessary tests, misinterpreting results, or not telling the parents about potential congenital or genetic abnormalities.
Causation: A New Jersey wrongful birth attorney must establish a direct link between the breach of duty and the harm the parents suffered. In wrongful birth cases, this means proving that if the parents had received the proper information, they could have made different decisions regarding the pregnancy.
Damages: The parents must demonstrate that they suffered damages due to the healthcare provider’s negligence. These damages can include medical expenses for the child’s care, emotional distress, and financial burdens related to raising a child with severe health issues.

Proving these elements often requires expert testimony to explain the standard of care and how medical professionals violated that standard. Medical records, test results, and communication logs between the parents and healthcare providers are also crucial pieces of evidence. An experienced New Jersey wrongful birth attorney can obtain that evidence to build a strong case and secure the compensation the parents deserve.

What’s the Difference Between Wrongful Birth and Birth Injury?

While wrongful birth and birth injury cases both involve legal claims related to childbirth, they address different issues and circumstances. These distinctions are critical for parents seeking justice and compensation.

Wrongful Birth

This type of claim focuses on the failure of medical professionals to inform or advise parents about significant congenital or genetic abnormalities during pregnancy. The essence of wrongful birth claims is the infringement on the parents’ right to make informed choices about their pregnancy.

These cases usually involve allegations that healthcare providers failed to conduct necessary prenatal tests, misinterpreted test results, or didn’t adequately communicate the risks of the pregnancy. The result is that parents didn’t have the chance to consider termination or prepare for a child with severe health conditions. The primary focus is on the lack of informed consent and the resulting financial, emotional, and physical burdens on the family.

Birth Injury

In contrast, birth injury claims arise from physical harm the baby sustained during the birthing process due to medical negligence. These injuries can occur due to improper use of delivery tools, failure to monitor the baby’s vital signs, delayed C-sections, or inadequate response to complications during labor.

Common birth injuries include:

Cerebral palsy from oxygen deprivation.
Brachial plexus injuries from improper delivery techniques.
Fractures caused by excessive force.

Birth injury claims focus on the direct harm to the child resulting from negligent medical practices during delivery. The primary goal is to obtain compensation for the child’s medical treatment, ongoing care, and the impact on their quality of life.

The key distinction lies in the nature of the claim: wrongful birth centers on the failure to provide crucial information about the pregnancy. On the other hand, birth injury involves direct physical harm to the child due to negligent medical practices during delivery.

Both types of claims require thorough investigation by a skilled New Jersey wrongful birth attorney and expert testimony to establish liability and secure appropriate compensation.

How Can I Prove Negligence in a Wrongful Birth Case?

Proving negligence in a wrongful birth case involves several critical steps, each requiring meticulous attention to detail and often the assistance of legal and medical experts. Here’s how your New Jersey wrongful birth attorney will work to build a compelling case.

Establishing the duty of care: Demonstrate that the healthcare provider owed a duty of care to the parents. This duty includes conducting appropriate prenatal tests, interpreting the results accurately, and communicating any significant findings and risks.
Show the provider breached the standard of care: Show that the healthcare provider breached this duty by failing to perform a test, incorrectly interpreting the test results, and failing to tell the parents of the risks of continuing with the birth.
Proving causation: Establish a direct link between the breach of duty and the parents’ harm. Doing so means showing that had the medical professional properly informed the parents, the parents would have had the chance to make different decisions regarding the pregnancy. Expert testimony can be crucial in explaining how the healthcare provider violated the standard of care and its impact on the parents’ decision-making process.

birth injuries

Documenting Damages

If you hire a New Jersey wrongful birth attorney to file a wrongful birth lawsuit, the reason will be to recover the financial losses, or “damages,” that you’ve incurred. Examples of damages include the following:

Medical expenses: These are the costs for the child’s current and future medical care, including surgeries, therapies, and specialized treatments.
Emotional distress: The psychological impact on the parents, such as anxiety, depression, and trauma from raising a child with severe health conditions.
Financial burden: The financial strain on the family, including loss of income if a parent has to leave work to care for the child and the cost of modifications to accommodate the child’s needs.

Proving negligence in wrongful birth cases is complex and requires a detailed understanding of both medical and legal principles. An experienced New Jersey wrongful birth lawyer with Varcadipane & Pinnisi, P.C. has that understanding. We also have a long track record of success in similar cases. We’ll do all we can to build the most compelling case possible to secure the compensation you deserve.

Why You Need an Experienced Wrongful Birth Attorney?

Navigating a wrongful birth claim is complex, requiring in-depth knowledge and experience due to the intricate medical and legal issues involved. A New Jersey wrongful birth attorney can provide invaluable assistance in several ways:

Evaluating your case: A seasoned lawyer can assess the facts of your situation to determine if there is a viable claim for wrongful birth. They can identify potential legal avenues for seeking compensation and provide an honest evaluation of the strengths and weaknesses of your case.
Gathering evidence: Again, building a solid wrongful birth case requires comprehensive evidence. An attorney can collect and review medical records, obtain expert testimonies, and ensure all necessary documentation is in place. This includes prenatal records, test results, and communication logs between the parents and healthcare providers.
Expert testimony: As you learned earlier, securing expert witnesses is crucial in wrongful birth cases. At Varcadipane & Pinnisi, P.C., we have relationships with effective experts. These professionals have years of experience in wrongful birth cases. Expert testimony can make a significant difference in proving negligence and securing compensation.
Negotiation skills: Negotiating with insurance companies and opposing legal teams requires skill and experience. A Varcadipane & Pinnisi, P.C. New Jersey wrongful birth attorney can negotiate on your behalf to seek a fair settlement that reflects the full extent of the damages suffered. We’ll work to ensure this settlement includes compensation for all of the expenses mentioned above.
Court representation: If the opposition refuses to settle, your lawyer will represent you in court. They’ll present compelling arguments, cross-examine witnesses, and advocate for your rights to secure the best possible outcome. Your attorney will follow all legal procedures correctly, meet all court-mandated deadlines, and present a compelling argument that shows you deserve maximum compensation.
Emotional support: Dealing with a wrongful birth case can be emotionally draining for parents. A Varcadipane & Pinnisi, P.C. lawyer will provide legal guidance and emotional support throughout the case. Our attorneys know the emotional toll these cases take and can offer compassion and understanding while fighting for your rights. You can rest assured we’ll do all we can to help you get through this troubling time.

NJ Wrongful Birth Lawyers Standing By to Help

Given the emotional and financial stakes in wrongful birth cases, having a knowledgeable medical malpractice lawyer in NJ by your side can make a significant difference in achieving justice and obtaining the compensation needed to care for your child and support your family’s future.

If you believe you have a claim, contact experienced New Jersey wrongful birth attorneys with Varcadipane & Pinnisi, P.C. to discuss your options and protect your rights. We’ll work to overcome all the challenges your case presents.

Please don’t hesitate to reach out to us as soon as you can to schedule a free case review. You can contact us online or give us a call at (800) 616-2916.

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New Jersey Wrongful Birth Attorney

Wrongful Birth Lawyers

Table of Contents

What is Wrongful Birth?

Related Practice Areas

Personal Injury Lawyer

Medical Malpractice

Cerebral Palsy

Wrongful Birth

Main Causes of Wrongful Birth

Is Wrongful Birth a Type of Malpractice?

What’s the Difference Between Wrongful Birth and Birth Injury?

Wrongful Birth

Birth Injury

How Can I Prove Negligence in a Wrongful Birth Case?

Documenting Damages

Why You Need an Experienced Wrongful Birth Attorney?

NJ Wrongful Birth Lawyers Standing By to Help

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Practice Area

"I cannot thank Dawn and Sophia enough for everything they have done over the past few years. Dawn was incredible; always professional, compassionate, and completely dedicated to helping me through every step. She took the time to tru..."

"VARCADIPANE & PINNISI, PC is an amazing firm. They were very supportive throughout my personal injury case. Ms. Pinnisi, went beyond for me and got a favorable settlement. Her staff was very helpful and the professionalism receiv..."

"Varcadipane & Pinnisi recently handled my home closing and we could not be happier with the experience. The entire process was handled with professionalism, attention to detail, and excellent communication. Sophia Soraya was abso..."

"No words to express depth of my gratitude and appreciation for Attorney Vacardipane’s expertise, patience and persistence on my behalf. I was a challenging client with a challenging case, and his patience, integrity, persistence an..."

"Working with Varcadipane & Pinnisi firm was such a relief during a really stressful time. From day one, Sophia and her team, were kind, patient, and incredibly helpful. They took the time to explain everything in a way that actua..."

"Attorney Jeffrey is incredible. He solved a case for me that I thought was practically lost. I highly recommend this great law firm. "

"Very professional. I would definitely recommend this law firm to everyone. "

"Thank you Varcadipane & Pinnisi for solving our community problems. You are the best. Gloria "

"These Lawyers are very very good. They help and we are very thankful. "

"This firm and Jeff’s team are a class act. They are highly knowledgeable with HOA laws. I look forward to working with them in the near future. Thank you! "

"Our cohort used this firm to help resolve a condominium HOA dispute, they were very professional, efficient, and knowledgeable. "

"Jeff Varcadipane is a star attorney. Works diligently and never gives up. He fights for your legal rights. "

"I am very pleased with their service. Mr. Jeff Varcadipane explained and analyzed the case in details. He and his team are very professional. "

"I would like to personally thank our Attorneys Jeff and Noah at V&P, PC. They have always been completely transparent, dedicated, and hardworking -They have gone above and beyond to extend themselves for our matter. They come wit..."

"Jeff, Noah, and the team… saved us over $260K in questionable assessments by a board that has shown to have unethical practices, provided voices for those censored by board members suspected of corruption. They’ve been instrument..."

"Selecting the right law firm can be the difference between merely accepting a settlement and securing the highest possible compensation. Varcadipane & Pinnisi is not just any firm; they are a top-tier legal team known for their u..."

"Timely efficient and highly knowledgeable about Home Owners Association laws. Highly-qualified, recommended. "

"I want to thank you for the excellent representation offered, very professional and honest. "

"Incredible group of attorneys, paralegals and administrative staff that treat you like a person and not just a number. They truly care about your health and will provide you with incredible representation for the largest possible rec..."

"Thank you Jeffrey and your team for helping solve legal issues! Amazing firm! "

"Jeff helped me personally and I couldn’t be happier with the professionalism and the result! Great team and terrific firm! "

"Jeff and Dawn are both incredibly knowledgeable and caring attorneys who do the best for their clients. We all know that dealing with lawyers can sometimes be a challenge – I have personally used them and found my experiences t..."

"I recently had the pleasure of working with Varcadipane & Pinnisi, and I can’t recommend them highly enough. From the initial consultation to the resolution of my case, the team was professional, knowledgeable, and incredib..."

"The team at Varcadipane & Pinnisi are the best! I had an excellent experience, as their team was not only knowledgeable but also highly responsive. They provided clear guidance throughout the process. Their professionalism and de..."

"Great experience with V&P! Everyone we worked with at the firm was top notch and provided great advice and service. Would highly recommend! "

"Excellent team of lawyers and staff. Their director of operations Jeremy was also very kind and considerate. "

"Highly recommend Varcadipane & Pinnisi for personal injury and civil litigation. They are an excellent group of people who really care about their clients and employees. Highly skilled attorneys and staff. Shout out to the operat..."

"Always great working with Varcadipane & Pinnisi they are very professional and get the job done. "

"The lawyers at this firm truly care about their clients and put 100% into their cases. I could not be more satisfied with the outcome of my case. "

"I couldn’t be more pleased with the service and expertise provided by V&P. Their dedication, attention to detail, and clear communication made a stressful situation much easier. They went above and beyond to ensure a positive o..."

"Fabulous team of attorneys. Trustworthy, responsive and professional "

"This firm is absolutely extraordinary. Who you choose to represent you makes a huge difference. I’m thankful they were able to represent me. "

"I highly recommend Varcadipane & Pinnisi to anyone seeking a skilled and professional law firm. Their team was exceptionally responsive and diligent when I faced an urgent issue after someone defaulted on a loan. After a previous..."

"I have retained the attorneys at VARCADIPANE & PINNISI for personal and commercial matters and have always had a great experience. They are knowledgeable and excellent at communicating throughout the legal process. "

"Very professional firm to work with. WONDERFUL people. "

"Great courteous people awesome to deal with. "

"Had great Experience with the firm. The attorneys as well as the staff are amazing. I would recommend them to anyone. "

"The attorneys at Varcadipane & Pinnisi, PC are extremely knowledgeable on a wide range of legal matters and they work tirelessly to achieve the best results for their clients! "

"The staff are very professional honest and accommodating. They deliver. I am very pleased and grateful. "

"Jeff Is the best lawyer in the entire world ! Not only was he fighting for me hard and firm bit he also is a genuine and caring person. I couldn’t be more grateful and thankful for him and the team ! Thank you for believing in ..."

"From the very beginning, the team at Varcadipane & Pinnisi provided us with clear guidance, comprehensive strategies, and a sense of confidence that we were in the best possible hands. The thorough preparation and attention to de..."

"Jeff Varcadipane helped and guided us through a tough dental office sale conflict. He is very professional, gives confidence to the client. I felt very confident with him being our atty. Would def recommend him!! "

"I was completely satisfied from my first conversation with Jeff Varcadipane, he answered my questions with concise, intelligent solutions to my problem. My doubts that it could not be resolved were totally erased. I would highly reco..."

"Sophia Soraya did a wonderful job winning our case. She made a hard process very easy to understand and we were very pleased. Her persistence and determination is unmatched and unlike that of the other firms who told us our case was ..."

"A terrific firm that helped my family to successfully litigate a complex real estate fraud case. Great communication from the team throughout the entire process. Everyone involved was highly skilled, explained things clearly and appe..."

"Varcadipane & Pinnisi, P.C. were incredible to work with. Their attention to detail, knowledge, and responsiveness go unmatched. I highly recommend!!! "

"My nearly 8 year long relationship with Varcadipane & Pinnisi as my legal counsel was nothing short of outstanding. Their dedication and hard work shone through every step of the way. Simply put, I was represented by my legal dre..."

"Jeff Varcadipane did an excellent job winning my case, despite the constant hurdles and excess motions of the defense. His knowledge of every part of the law was very impressive. He and Dawn really cared about my case and constantly ..."

"I had a great experience with Varcadipane & Pinnisi, P.C. law firm and would like to express my gratitude specifically to Ms. Sophia Soraya for her excellent legal assistance. I appreciate their professionalism and highly recomme..."

"Attorney Sophia Soraya and her firm were incredible. We couldn’t have been more impressed with their knowledge, care, and attention to detail. Your legal needs are in great hands with Varcadipane and Pinnisi, PC. "

"Varcadipane and Pinnisi, P.C. has been an incredible partner in navigating risk and advising on the commercial structure of multiple businesses, while providing personal counsel for the last 15 years. "

"The entire team at VARCADIPANE & PINNISI, P.C. were fantastic to work with and achieved way more than expected. I had such a hard time finding and trusting a firm to work with based on the complexity of my case. The team at VARCA..."

"We are extremely pleased with the exceptional legal services provided by Varcadipane & Pinnisi, P.C. Their professionalism, expertise, and dedication were evident throughout the entire process. I highly recommend their services t..."

"Choosing this firm to represent my family and I was the best decision I could have made! They walked us through the process and were very professional, accessible and always explained everything in detail. Dawn and her team listened,..."

"I cannot praise Varcadipane & Pinnisi, P.C. enough for their exceptional legal support, especially Mr. Varcadipane’s instrumental role in safeguarding my business. Before engaging their services, my business was operating w..."

"Thank you to Dawn who work tirelessly throughout the time that we have the case open. She even helped to find ways to reduce the cost. She is very knowledgeable and easy to reach out to. Very fair and logical by providing whats best ..."

"My name is John and my experience with Varcadipane and Pinnisi, P.C. was amazing from day one. The firm is very professional and very informative. Not all law firms are honest or easy to work with. With that said , once become a clie..."

"They say the reward is exponentially greater if you receive it when you least expect it. It sounds like a fairy tale happy ending, but it was made possible for my wife and me by the team at Varcadipane & Pinnisi, P.C. What starte..."

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