Assessing the Possibility of Genetic Conditions & Birth Defects
Many couples looking to have a child request screenings and tests before attempting to conceive, especially if either of their families has a history of medical issues or a previous child was born with a condition or defect. These screenings and tests, when properly conducted, can give prospective parents the information they need to decide whether to have a child.
After conception, additional tests can be conducted to assess the presence of birth defects. Though defects may develop at any time, many issues will be detectable during the first three months of pregnancy. Medical professionals can use ultrasounds, blood tests, fetal echocardiograms, and other procedures to detect many types of potential problems. The early discovery of a serious condition that would dramatically impact the child’s quality of life (such as Down syndrome or cerebral palsy) or the safety of the mother may understandably affect whether the couple wishes to continue with the pregnancy.
Do I Have a Wrongful Birth Case?
When you come to a doctor seeking clarity on the risk of defects or genetic conditions, they have an obligation to follow the professional medical community’s accepted protocols and provide an accurate diagnosis. If your doctor diverges from these protocols or takes negligent actions that result in harm, you can take legal action to hold them accountable.
Examples of medical malpractice that may warrant a wrongful birth lawsuit include:
- Failure to run routine tests
- Failure to accurately interpret test results or recognize laboratory errors
- Failure to inform you of the risks of genetic conditions or birth defects
- Failure to diagnose and/or treat medical complications that resulted in birth defects
Do not wait to get in touch with our Baltimore City wrongful birth attorneys if you believe your doctor acted negligently, as you will only have a limited time to take legal action. In Maryland, you have five years from the date of the injury (usually the delivery date) or three years from the date you discovered the injury, whichever comes first. The three-year time limit may apply if you do not immediately realize your child has a genetic condition or birth defect.
Both parents and the affected child can seek compensation in wrongful birth cases. The injured child has three years from the date they turn 18 to file their own lawsuit.
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Get Help Today
A wrongful birth lawsuit can help parents and children recover compensation for many types of losses, including:
- Current and future medical expenses, including therapies, medications, and treatments
- Lost wages (if one parent must stay home to care for the child)
- Reductions in earning capacity
- Expenses associated with special schooling and/or caregivers
- Physical pain and mental suffering
Miller Stern Lawyers can offer the compassionate and results-oriented representation you need to navigate this difficult moment. Our Baltimore City wrongful birth lawyers know how to effectively litigate these cases and will work diligently to protect your interests in and out of the courtroom. We also strive to build lasting relationships with our clients, and our team will continue to keep in touch long after your case is over.
We understand what is at stake. Contact us online or call 410-LAW-FIRM to discuss your recovery options with us.