Can You Recover for a Wrongful Birth?

With the advances in science, expectant parents can usually know in advance if a child will be born with serious birth defects. With that knowledge, many parents may choose to terminate the pregnancy, choosing adoption or surrogacy as an alternative. As a part of pre-natal examinations, it’s reasonable to expect that your doctor will conduct appropriate tests and take necessary measures to proactively diagnose such a problem. What happens, though, if your doctor fails to do so?

Filing a Lawsuit for Wrongful Birth

If you gave birth to a child with significant and diagnosable birth defects, you may be able to seek compensation for the losses and costs associated with providing care to the child. A wrongful birth action may be based on a number of assertions:

• That the doctor negligently failed to warn you of the risks associated with giving birth to a child with anticipated birth defects or medical problems
• That the doctor negligently failed to perform necessary tests to diagnose a birth defect or medical problem
• That the doctor negligently failed to read test results and diagnose a birth defect or medical problem
• That the doctor negligently failed to provide you with information that would have allowed you to make an informed decision about whether or not to terminate the pregnancy

Unlike many other states, New Jersey allows parents to file a claim for wrongful birth. Thus far, the courts have limited damages in a wrongful birth case to out-of-pocket expenses incurred in caring for the child. There’s also a distinction between a wrongful birth claim, which may be made only by parents, and a “wrongful life” action, filed on behalf of the child.

For a free initial consultation, contact our office online or call us at 973-993-8787. We have office locations in Morristown and Newton, but will visit you in your home or the hospital, if necessary.

We take all personal injury claims on a contingency basis. You will not incur legal fees unless attorney Popper recovers compensation for your losses.