Denver, CO Medical Malpractice Lawyers Handling Cases of Wrongful Birth
Congenital and genetic birth defects can cause lifelong pain and disability. For many prospective parents, the physical and emotional toll of these conditions is so great that they would not choose to give birth to a child knowing that the child would suffer for his or her entire life. In Colorado, this is a choice that expecting families have the right to make, and physicians owe a legal duty to help families make informed decisions about whether or not to terminate pregnancy.
If you were deprived of the opportunity to make this choice, you may be entitled to compensation for a claim known as “wrongful birth.” In a wrongful birth case, the family alleges that it would have chosen to terminate pregnancy had their doctor informed them about the likelihood of their child facing lifelong challenges as the result of a birth defect. Unlike other birth injury claims, a wrongful birth claim is not necessarily based on a medical mistake leading to an injury or defect during pregnancy or childbirth, but rather on a physician’s failure to inform the family of the risks associated with conception or delivery.
Filing a Claim for Wrongful Birth in Colorado
In addition to long-used diagnostic and testing procedures, today’s physicians have access to an unprecedented wealth of medical technology. Physicians have little excuse for overlooking risk factors for severe and disabling medical conditions developing during gestation, and they have every opportunity to inform patients of the risks associated with pregnancy and childbirth.
Yet, far too often, parents are surprised to learn that their children have been born with disabilities and birth defects. Far too often, physicians either (i) fail to diagnose fetal medical conditions, or (ii) fail to adequately communicate the long-term implications to expecting parents.
Most wrongful birth claims can be broken down into two categories:
- Failure to Diagnose – When an obstetrician-gynecologist or other physician fails to diagnose (or misdiagnoses) a fetus’s medical condition during pregnancy, the family is necessarily denied the opportunity to make an informed decision about whether to continue or terminate the pregnancy. Failures to diagnose and misdiagnoses can result from failure to order necessary tests or from misinterpreting test results.
- Failure to Inform – Once a potentially-serious medical condition has been diagnosed, the family’s physician must adequately explain the risks involved (or provide a referral to a specialist who can adequately explain the risks) so that the family can make informed decisions. The family may need to make decisions about additional screening, having the mother and fetus undergo potentially-risky procedures, or continuing or terminating the pregnancy.
If your child was born with a disabling genetic disease or congenital defects such as spina bifida or cystic fibrosis, your family deserves better. The attorneys at Levine Law can help. Our medical malpractice lawyers have recovered millions of dollars for families and individuals throughout the Denver area, and we can make sure you receive the compensation you deserve.
Contact Levine Law in Denver, Colorado
If you would like more information about seeking compensation for wrongful birth in Denver, please contact us for a free consultation. To speak with one of our experienced medical malpractice lawyers in confidence, call 303-333-8000 or submit our request form today.