Medical malpractice usually is related to situations where an action is taken by a doctor that causes a patient to be injured or killed. However, there are also situations where an action is taken that causes a patient to be born when this was not the intention of the parents. This occurs when a fetus is screened to determine that the fetus will be suffering from a birth defect. The parents agree to terminate the pregnancy, but the fetus is instead born. Wrongful birth also results from parents not being provided information that is necessary for them to make an informed decision regarding the birth of the child. While some of these cases have been handled by patients on their own, it is usually necessary to hire medical malpractice lawyers.
Suing For Wrongful BirthIn order to sue a doctor for wrongful birth, it is necessary to have an established patient-doctor relationship between the plaintiff and the defendant. The doctor will need to have failed to disclose the existence of the birth defect. The plaintiff will need to have suffered harm as a result of the negligence.
The Role Of An Expert Witness
In order to determine if the doctor was negligent, it is necessary to call upon an expert witness, which is the case in most medical malpractice cases. This is because lay juries do not have the knowledge of medicine necessary to determine whether medical malpractice actually occurred without the assistance of other doctors. Medical malpractice lawyers will connect you with expert witnesses who can serve this role.
Doctors are responsible for informing parents about the risks that are associated with the birth of a child. This is done through using various medically sound screening procedures. If your doctor discovers there is a defect and fails to inform you or if your doctor does not use a screening procedure that should have been used, you may have a medical malpractice case.
If you believe that you were the victim of a wrongful birth, it is recommended that you contact medical malpractice lawyers who will assist you in gathering the evidence that is necessary to allow you to make a case. These attorneys will also argue your case in court and will make sure that you get the settlement that you deserve. Not only do you deserve to be compensated, but negligent doctors must also be held accountable.