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New Jersey Wrongful Birth Lawyer

Wrongful Birth Lawsuits in New Jersey

Every parent wants their child to have a full and happy life. Unfortunately, some conditions can greatly compromise a child’s health and create a lifetime of challenges. Sometimes, providers may be liable for damages resulting from their failures to avoid these issues.

A wrongful birth lawsuit is a civil action that can be brought against health care providers by parents who have children born with various disabilities, birth defects, or genetic disorders.

Wrongful birth claims generally allege that providers failed to meet the standard of care when treating, testing, and informing mothers and parents and their unborn babies, and that such a failure deprived the mother / parents of information that would have been essential in making decisions not to conceive or carry the child.

A wrongful birth lawsuit may involve:

  • Failure to diagnose genetic disorders or birth defects.
  • Genetic testing errors, lab errors, and failure to accurately interpret results.
  • Failure to offer genetic counseling, order necessary tests, or inform parents of risks.
  • Failure to diagnose maternal infections or complications, resulting in birth injuries.
  • Failure to adequately perform sterilization or termination.

If your doctor did not properly diagnose a serious medical problem with a fetus during the pregnancy or failed to meet the standard of car by depriving you of the right to make an informed decision about pregnancy, you may have legal options.

Our New Jersey wrongful birth attorneys can evaluate your options and how we may be able to represent you in your claim. Contact us for a free consultation.

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What Damages Can Families Recover for Wrongful Birth?

Serious genetic disorders and defects can have life-altering consequences for children, parents, and entire families. As civil claims, wrongful birth lawsuits are intended to hold at-fault parties accountable for their negligence and financially responsible for the damages victims incur. This includes the economic and non-economic damages that arise from a child’s condition.

Recoverable damages in wrongful birth cases can include:

  • Hospital and medical bills
  • Medications and medical devices
  • Rehabilitation, therapy, specialized care
  • Future medical expenses
  • Past and future lost income
  • Pain and suffering

Wrongful birth lawsuits can be complicated and contested claims. Parents must be able to prove that essential information would have greatly influenced a “reasonable” person’s decision, and that providers were negligent in their failure to provide such information. Providing these types of burdens requires extensive investigation and collaboration with medical experts.

Levinson Axelrod, P.A. is an award-winning Tier 1 U.S. News “Best Law Firms” injury practice that has won more than $1 billion in compensation for clients. If you have questions about pursuing a wrongful birth action or birth injury lawsuit over genetic counseling or testing errors, our attorneys are available to discuss your case and whether you may have grounds for a claim.

Call or contact us online to request a free case evaluation.

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