Sophia and Ian were totally unprepared when their child, Malcolm, was born with severe congenital disabilities. Their doctor had never informed them of the potential for any problems with Malcolm’s birth, despite tests with clear indications. They loved Malcolm but were frustrated because they had no time to prepare themselves or make arrangements for his care. Sophia and Ian might need to speak with a medical malpractice attorney about filing a wrongful life lawsuit.
Wrongful Life and Disability
In some ways, it seems like a cruel way to describe this situation. But a ‘wrongful life’ situation often arises when a child is born with birth defects because of misdiagnosis or negligent treatment from medical providers. In other words, the child had a devastating condition that was ignored, missed, or overlooked and the child would not have been born had doctors told the parents of the condition.
This is a difficult situation all around. The parents may now face years of costly medical treatments that could have been avoided. In dollars and cents, the medical costs associated with raising children with certain defects can be 12 to 13 times higher than raising a child without birth defects. For example, a child with special needs might need:
- Physical therapy,
- Speech therapy,
- Development assistance,
- Multiple surgeries,
- Medical devices like hearing aids, communication devices, and wheelchairs.
The financial aspect is not the only problem. Families face a tremendous emotional and physical toll. But who is responsible for ‘wrongful life?’
Medical Malpractice or Not?
Sometimes a doctor or other healthcare provider will fail to perform tests that would indicate a potential problem with the baby. Occasionally, tests are performed and misread. Finally, a mom may get all the necessary tests but not be told in time to take action.
Should the doctor be held responsible for a family’s future medical costs and their emotional trauma? In some cases, the answer is, “Yes.” Parents can still love their children while asking medical professionals for compensation to help with their child’s future medical care.
Do You Need to File a Wrongful Life Lawsuit?
Congenital disabilities are not the only reason someone might want to file a wrongful life lawsuit. Problems can occur with in vitro fertilization and sterilization. In any event, a wrongful life lawsuit is a potential solution to their troubles.
At the Dailey Law Firm, P.C., our team of skilled lawyers and professionals provide the high-quality legal services you need. Call us at 844-342-5353 to set up a free consultation or use the Contact Form on our website. There’s no fee for personal injury cases unless we win.
We represent clients throughout the entire United States. You can reach us online or visit one of our offices in Detroit, MI; Chicago, IL; or Valparaiso, IN.