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.
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.
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.
Several factors can lead to wrongful birth claims, primarily revolving around medical negligence during the prenatal care process. Here are the leading causes:
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.
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:
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.
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.
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 parent’s 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.
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:
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.
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.
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:
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.
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:
Given the emotional and financial stakes in wrongful birth cases, having a knowledgeable medical malpractice lawyer 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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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partners, Jeffrey W. Varcadipane & Dawn M. Pinnisi, with more than 40 years of combined legal experience as personal injury attorneys.
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