New Jersey Wrongful Birth Attorney

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.

Table Of Content

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.

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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 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.

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 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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