Doctors have a responsibility to inform prospective parents about any health risks which could result in a serious birth injury or threaten the health and well-being of the mother. Failure to do so could constitute medical malpractice.
Such complicated legal cases are often known as wrongful birth cases. They’re also some of the toughest cases since families must prove that the doctor failed to disclose knowledge concerning a high-risk birth or risk of congenital defects. This could be prior to conception or during pregnancy. If parents are not warned of the possibilities, they don’t have enough knowledge to make the best decision about the pregnancy.
If you believe your family was not properly warned about the risks that resulted in your child’s birth injury, you have rights. And the experienced birth injury attorneys at Goldberg & Schulkin Law Offices want to discuss your legal options with you.
For more than 45 years, our experienced attorneys have been helping families just like you deal with these complicated situations. Contact Goldberg & Schulkin Law Offices to learn if the failure to disclose information could be considered medical negligence. From our offices in Milwaukee and Chicago, we handle cases nationwide.
In the case of a wrongful birth, parents normally take legal action against the doctor. Parents often claim there was not enough information provided to them to make an informed decision, particularly if that information was available to the doctor or another medical professional. Examples of wrongful birth cases can include:
In any of these cases, parents have to demonstrate harm and negligence by proving:
A doctor may have had no way to prevent a genetic abnormality or birth defect. Sometimes, genetic testing is not ordered or is overlooked. If an older sibling already suffers from cerebral palsy, testing is recommended.
Doctors need to realize their failure to reveal, disclose, or consider these risks likely had a bearing on the parents’ decision about conception or continuing a pregnancy. If parents had known their infant was more likely to suffer from birth injuries or death due to undetected abnormalities, they might have made different decisions.
Many tests exist to determine if a child is likely to be born with a genetic abnormality or other health issues. And it’s the responsibility of the doctor caring for the mother and her child to conduct these tests and inform parents about any potential health risks.
Don’t simply take your doctor’s word that he or she didn’t do anything wrong. Get a second opinion. Talk to an experienced attorney at our law firm. We have years of experience dealing with complicated birth injury cases.
Our law firm represents families throughout Illinois, Wisconsin, and across the United States. All cases are handled on a contingency basis, so you pay no fees unless we win. Call us toll-free at 312-236-4146 or contact us online for a rapid response. Schedule a free case review at our Milwaukee or Chicago office, or set up an off-site appointment at a location convenient for you.
Goldberg & Schulkin Law Offices – here for you when you need us most.