Maryland’s personal injury laws ensure that you get compensation whenever someone else’s negligence hurts you. Even if the reckless party is your medical care provider, you can still commence medical negligence cases against them. Medical negligence refers to any situation where a medical practitioner’s carelessness caused your injuries. With help from your Maryland medical negligence attorney, you can get enormous monetary damages in those cases.
One significant aspect of medical negligence is birth-related medical malpractice. This happens when a mother and her child (or both) sustain injuries during delivery due to negligence. There are three types of birth-related medical negligence recognized in Maryland. They are birth injuries, wrongful birth, and wrongful pregnancy.
We’ll discuss all you need to know about wrongful birth medical malpractice cases for this article. You’ll learn the elements of this type of medical negligence and the compensation benefits you can claim. You’ll also see how our medical malpractice lawyers can help you in such difficult times.
What’s a Wrongful Birth Claim or Lawsuit?
Sometimes, an otherwise healthy baby could develop some injuries due to a medical personnel’s negligence during the delivery process. In those birth injury cases, the babies’ parents can’t predict their infants’ injuries before birth. As a result, they wouldn’t have the opportunity to prepare themselves for such situations or prevent them by terminating the pregnancy.
However, doctors can identify some congenital birth defects during the pregnancy and upon genetic testing. While some of those conditions aren’t preventable, they give the parents an option to terminate them or prepare for them. Unfortunately, some parents are ripped off of such alternatives because their doctors negligently failed to inform them of the defects. Such situations are what give rise to wrongful birth claims and lawsuits.
Parents instigate wrongful birth claims on the premise that they’d have ended their pregnancy if they knew of the disabilities. These claims usually arise due to negligent genetic testing or failure to detect anomalies in early pregnancy. In wrongful birth cases, the parents typically seek compensation for the costs of caring for the child’s defects.
What Are the Differences Between Wrongful Birth and Wrongful Pregnancy Claims?
Wrongful birth and pregnancy claims are two aspects of birth-related medical misconduct that seem similar. However, they are not the same thing. Generally, wrongful birth claims involve parents who want to birth healthy babies. However, they would no longer want the pregnancy upon discovering their child’s defect.
The problem with wrongful pregnancy claims isn’t with the baby’s health but that the parents never wanted children. However, despite trying to avoid pregnancy, they still got pregnant due to their doctor‘s negligence. In such cases, the parents seek compensation for the injuries the unwanted pregnancy has caused them. It doesn’t matter if the child was born healthy or not.
Essential Elements of a Wrongful Birth Claim
A successful wrongful birth claim in Maryland comprises these essential elements:
Duty of Care
Duty of care typically means a person’s obligation to look after someone else. There is an implied duty in all doctor/patient relationships in medical malpractice cases. So, the defendant in your wrongful birth case must be a medical practitioner legally responsible for your care. They include doctors, nurses, and other healthcare providers like medical laboratories.
Medical negligence or malpractice arises when a defendant breaches the required standard of medical care in your case. For example, the doctor failed to conduct standard tests or neglected to follow standard procedures. It could also be the case of a medical laboratory’s improper testing procedures that produced false results.
You must show a direct link between the defendant’s negligence and your injuries. That is, you would have aborted the pregnancy but for the defendant’s carelessness.
What Damages May I Claim in a Maryland Wrongful Birth Lawsuit?
You may claim the following damages in a Maryland wrongful birth claim or lawsuit:
- Medical costs
- Physical therapy
- Pain and suffering
- Special education costs
Consult a Medical Malpractice Attorney in Maryland Now!
Do you have a viable wrongful birth case in Maryland? Then, it would help if you spoke with a medical negligence attorney immediately. You’ll need an expert legal representation to recover damages. Our medical negligence lawyers at Pinder Plotkin LLC will assess your claims to determine a suitable course of action.
We will hold the liable party responsible for your injuries and ensure that you get ample compensation. Consulting with us is free, and we don’t require you to pay a dime unless we secure your financial compensation. Call our office to speak with our personal injury attorneys today.