Can We Sue Our Doctor for Not Telling Us About Our Baby’s Birth Defect?

 Posted on June 30, 2022 in Birth Injury

From time to time, a story will make headlines about a child who was screened for genetic or physical abnormalities in utero, given a clean bill of health, and then born with a serious or life-threatening birth defect. And in 2009, the Illinois Appellate Court decided that parents who prove that a doctor mistakenly diagnosed or failed to diagnose genetic disorders can seek damages for the emotional and financial damages the parents incur when they give birth to a child with a diagnosable disability. 

If you requested tests that were intended to show genetic or developmental disabilities while you were pregnant and a doctor misread the results or failed to recognize a prenatal developmental disorder, you may be able to take legal action with the help of an experienced Chicago, IL birth injury attorney. 

What Are Examples of Common Wrongful Birth Defects? 

Pregnant women who are at a heightened risk of carrying certain genetic disorders are frequently screened during pregnancy, although genetic screening is becoming more common as the trend of women having children at older ages continues. Sometimes genetic screening looks normal and then developmental irregularities appear for the first time in an ultrasound later in the pregnancy. Parents frequently decide to terminate these pregnancies because the life expectancy and quality of the child can be seriously negatively affected. Some of the serious genetic disorders or developmental abnormalities include: 

• Down syndrome
• Fragile X syndrome
• Klinefelter syndrome
• Turner syndrome
• Congenital heart defects
• Microcephaly and anencephaly
• Neural tube defects 
• Omphalocele

What Happens in a Wrongful Birth Case? 

While this is an area of ethical and legal complexity, the consequences of a wrongful birth are serious and long-lasting. Of course, parents love a child with disabilities, but the child may require extensive medical treatment, 24/7 care for the rest of their life, and may never live independently. In other cases, the child lives a short, painful life, while the parents are consigned to helplessly suffer as onlookers. In situations like this, parents may be able to recover damages for the child’s pain and suffering, medical expenses, and care requirements, as well as the parent’s emotional suffering. 

Get Help from a Chicago Birth Injuries Lawyer

Accurate and thorough information about your baby is essential for taking good care of her, especially in the first months of her life. If your child was injured during birth or presented symptoms of a birth defect and your doctor did not detect it or inform you, consider getting help from an experienced Cook County birth injuries lawyer with Birth Injury Law Alliance, Ltd.. We will perform a comprehensive investigation and ensure that anyone responsible is held to account for their negligence or reckless treatment of your little one. Call us now at 312-462-4200 to schedule a free consultation. 

Sources: 

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K2-622

https://www.cdc.gov/ncbddd/birthdefects/types.html