Wrongful death claims arise when death is caused by the negligence of someone else. In those particular cases, survivors of the victim may be entitled to compensation for that death. On the other hand, there are certain claims such as “wrongful birth” or “wrongful life” claims, which are often confused with wrongful death claims. These types of claims are referred to as birth injury claims, and here is what you need to know about them.
What are birth injury claims generally?
Birth injuries, are a unique type of personal injury claim, based on the birth of a child who has severe abnormalities or birth defects, as a result of the negligence or misconduct of someone else. Birth injury claims are not as common as wrongful death claims, so not many people are aware that these types of claims exist.
Wrongful birth claims
Wrongful birth claims are brought by the parents of a child who was born with a severe medical condition. This could include birth defects or life-threatening medical conditions. Wrongful birth claims are filed against the health care provider who is alleged to have either misdiagnosed the condition of the fetus. The argument is basically that, if the parents had known about the potential risks or been given adequate medical information, they would have terminated the pregnancy, rather than bring a child into the world, suffering from a serious medical condition.
Wrongful life claims
Similarly, a wrongful life claim is based on the premise that, had the parents known of the substantial risk of birth defects early on, they would never have conceived the child in the first place. A wrongful life claim is usually filed by the child who developed severe birth defects, because of the doctor’s failure to provide negligent genetic counseling about the likelihood of fetal abnormalities, should the couple conceive.
If you have questions regarding birth injury claims, or any other personal injury matters, please contact the experienced attorneys at The Means Firm, either online or by calling toll free at Montgomery (334) 895-7011 and at Birmingham (205) 586-7023.
