How to determine if you are eligible for a wrongful birth claim?

How to Tell if You Qualify for a Wrongful Birth Claim

Having a baby can be both a stressful and exciting time. This is one of the reasons expecting parents depend so much on medical professionals to do their job correctly and thoroughly – whether that’s providing good prenatal care or correctly administering all necessary diagnostic tests during pregnancy.

After your child is born, it can be devastating to find out that they have a medical condition you were not made aware of. If this happens, you may need the services of a wrongful birth claim lawyer.

We’ll explain to you:

  • What circumstances qualify for a wrongful birth claim.
  • How a wrongful birth claim differs from obstetric malpractice.
  • What kind of illnesses or injuries are commonly part of wrongful birth claims.

At Sommers Roth & Elmaleh, our wrongful birth claim lawyers can help support and guide you in your wrongful birth claim case.

What kind of circumstances qualify for a wrongful birth claim?

In previous generations, most parents couldn’t find out anything about their baby before it was born. This is no longer the case, as parents now can view detailed ultrasounds and elect for various prenatal testing.

It is the responsibility of the mother’s doctor, ob-gyn, or midwife to ensure that they provide the expectant parents with all the information they can about the health of their unborn child. This includes providing all mandatory screening and testing, as well as any additional screening and testing warranted by circumstances – e.g., the mother’s age or the parent’s genetic history.

When a child has a genetic defect or disability due to negligence from a medical professional, the parents may then have grounds for a wrongful birth claim. The two most common types of negligence are:

  • A medical professional fails to properly diagnose the baby’s condition while in utero.
  • A medical professional correctly diagnoses the baby’s condition while in utero but fails to appropriately inform the parents of the potential outcome of the condition if the child is carried to term.

You deserve to be provided with medical care that correctly assesses your baby’s health. If you feel this didn’t happen to you, you need to consult a wrongful birth claim lawyer.

How does a wrongful birth claim differ from obstetric malpractice?

Obstetric malpractice is connected to any injuries or trauma a baby suffers either just before birth or during the birthing process. These kinds of injuries can occur due to negligence on the part of medical professionals, including a failure to recognize signs that the baby is in distress, the improper use of forceps, or a delay in performing a c-section.

The most common type of birth injury is blood flow to a baby’s brain being disrupted during labour and delivery. This can cause an infant to have bleeding on the brain or brain swelling.

Other results of birth trauma (due to a lack of oxygen or other conditions) can also be life-long conditions such as epilepsy, seizures, cerebral palsy, and Erb’s palsy.

If any of this happened to your child, this is not the ground for a wrongful birth claim, and you do not need a wrongful birth claim lawyer. However, you still need a medical malpractice lawyer to pursue a case for obstetric malpractice.

What kind of illnesses or injuries are commonly part of wrongful birth claims?

There are a variety of illnesses and injuries that can be part of wrongful birth claims, including:

  • Microcephaly, a condition where a baby’s head is much smaller than expected. Babies with microcephaly can have various medical issues, including seizures, intellectual disabilities, and problems with movement and balance.
  • Spina bifida,  a neural tube defect, can have a severe impact on your child’s ability to move or function.
  • Cerebral palsy, Klumpke’s Palsy, and Erb’s Palsy. While these vary in severity, they can all have an impact on your child’s ability to move and maintain balance and posture.
  • Acute renal failure or acute liver failure.
  • Cephalohematoma, which is an accumulation of blood under the scalp.
  • The impact from issues with cord blood gases or cord base deficit.

This is by no means an exhaustive list of injuries or illnesses that can be part of a wrongful birth claim. The best way to determine if you qualify for a wrongful birth claim is to talk to a wrongful birth claim lawyer. A wrongful birth claim lawyer can provide you with details about whether or not your circumstances qualify you for a wrongful birth claim.

Why should I hire Sommers Roth & Elmaleh as my wrongful birth claim lawyers?

We specialise in medical malpractice at Sommers Roth & Elmaleh. If you hire us as your wrongful birth claim lawyers, we will:

  • Talk to you about your options for pursuing a wrongful birth claim.
  • Help you plan for your child’s future.
  • Discuss with you the kind of compensation you may be eligible for to give you and your family the financial security you need.

As wrongful birth claim lawyers, we can help you sue for different types of compensation, including:

  • General damages related to the stress of raising a child with a disability.
  • Compensation for costs associated with caring for your child, including home accessibility modifications and attendant care services.

Our wrongful birth claim lawyers are here to answer your questions and walk you through the complicated process of filing a wrongful birth claim. 

A Wrongful Birth Claim Lawyer Is The Key To Success

Now you know more about what circumstances qualify for a wrongful birth claim, how a wrongful birth claim differs from obstetric malpractice, and what kind of illnesses or injuries are commonly part of wrongful birth claims.

At Sommers Roth & Elmaleh our wrongful birth claim lawyers can answer any questions you may have, talk to you about how to file a claim, and let you know what kinds of compensation you may be eligible for.

To learn more about how a wrongful birth claim lawyer can help you, call Sommers Roth & Elmaleh at 416-961-1212 or contact us here.

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If you have been affected by medical malpractice anywhere in Canada contact us for a free consultation.
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A lawyer from Sommers Roth & Elmaleh will be in touch with you as soon as possible. Please note that no lawyer-client, advisory, or fiduciary relationship is created by your inquiry. All information provided is confidential.

The above information is not legal advice. Past results of cases and recoveries by our medical malpractice lawyers against hospitals, doctors, midwives, nurses and other healthcare professionals are not necessarily indicative of future results. The amounts recovered and other litigation outcomes will vary according to the facts in individual cases.