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Denver Birth Injury Lawyers Handling Cases of Wrongful Life
As difficult as it may be to understand for those who have not experienced the effects of a severely-disabling or life-threating birth defect if your child is suffering due to a genetic or congenital disorder, you likely understand the legal concept of “wrongful life” all too well. For many parents, watching their child suffer on a daily basis with no hope for improvement is too much to bear, and it is something they would not wish upon themselves or anyone else.
A claim for wrongful life is similar to a claim for wrongful birth but is asserted by the parents on behalf of their disabled child instead of by the parents directly. While some people may find these claims controversial, there is little question that parents and children who are suffering due to inadequate medical care deserve a better life. If your child was born with a condition that should have been diagnosed during pregnancy, or if your doctor diagnosed your child’s condition but failed to adequately explain the risks and consequences, your family may be entitled to financial compensation, and the attorneys at Levine Law can help you recover the compensation you deserve.
Medical Failures Supporting Claims for Wrongful Life
While medical malpractice is among the leading causes of wrongful death in the United States, it is the only cause of wrongful life. Family practitioners, obstetrician-gynecologists, radiologists and other specialists have a professional and legal obligation to accurately diagnose their patients (including both pregnant mothers and fetuses), and they are under a duty to inform patients of the risks of both medical procedures and decisions with medical implications (i.e. the decision to continue or terminate pregnancy).
When physicians fail to meet these obligations, they (or, more accurately, their medical malpractice insurance carriers) can be held liable for the physical, financial and emotional consequences. In the case of wrongful life, these consequences can be substantial. The costs of medical care for complications from birth defects can be astronomical, but they will often pale in comparison to the daily pain and emotional trauma suffered by children who will never have the opportunity to live a normal life.
When can families seek financial compensation for wrongful life?
Most cases involve one or more of the following:
- Failure to diagnose risks prior to conception
- Failure to diagnose an injury, condition or possible defect during pregnancy
- Failure to refer expecting parents to specialists
- Failure to adequately inform prospective or expecting parents of the likelihood or risks of a potential birth defect
If your child was born with a life-changing or life-threatening condition you did not expect, we may be able to help. To get started with a free, no-obligation consultation, contact our Denver, CO law offices today.
Contact the Denver, CO Medical Malpractice Lawyers at Levine Law
At Levine Law, your initial consultation is free and confidential, and we do not charge any legal fees unless we win your case. To find out if your family is entitled to financial compensation, please call 303-333-8000 or tell us about your family’s situation online today.
