Wrongful birth is a type of medical malpractice which occurs during genetic testing and/or counseling and results in the birth of a child with severe disabilities or disorders. If you or your partner underwent in vitro fertilization [IVF], or prenatal genetic counseling, and your baby was born with a genetic disorder or birth defects, you may have experienced a wrongful birth due to negligence. Legal action can be brought against a doctor, nurse, hospital, nursing home, or other health care provider for this form of negligence.
Wrongful births occur more often than you think, and each state has unique legislation as it pertains to wrongful birth and wrongful life. This is why seeking advice from a legal professional is important in understanding whether you have grounds for a wrongful birth lawsuit.
Considering whether you experienced negligence or medical malpractice is the first step in the process of consulting with a wrongful birth lawyer. If you feel that you suffered negligence at the hands of a healthcare provider, contact a wrongful birth lawyer today.
What is a Wrongful Birth Lawsuit?
Taking legal action against another party can be stressful—mentally, emotionally, and financially. This is why it is important to hire a wrongful birth lawyer who will work efficiently and effectively, making you feel comfortable.
A wrongful birth lawsuit involves a parent, who alleges that the medical providers who facilitated testing, exams, or assessments during pregnancy or fertility treatments failed to provide proper information and/or counseling to the parents before the baby’s birth, resulting in the birth of a child with severe disabilities.
The purpose of filing a wrongful birth lawsuit is to receive compensation that can be used to offset the cost of care for a child with a disability.
The road to justice can be a long one and having a sure-footed team in your corner means everything.
What Makes a Good Wrongful Birth Lawyer?
Consider the asking following questions when interviewing a wrongful birth lawyer:
1. How long have you been practicing?
While career length is not necessarily correlated to an attorney’s success, having experience with legal processes and procedures can increase the likelihood of success in your case. Furthermore, attorneys who have a developed career may have key contacts they can rely on to support your case.
2. Do you limit your practice fields to this particular subject, or do you take on any case?
Finding an attorney who specializes in wrongful birth is critical—attorneys who specialize in other matters may spend too much time trying to navigate the complexities of wrongful birth, and possibly charging you more in the long run.
3. Are you willing to take my case to trial if that is the only way to achieve meaningful compensation?
Some attorneys prefer to settle out of Court for ease, even if it means a result that does not necessarily favor their client. Find an attorney who is willing to do what is best for you, regardless of the workload.
4. How many cases have you tried to a jury?
Attorneys may avoid trying cases in Court by referring out cases to other attorneys. Or, they may try to settle the case to avoid the extra work associated with trying a case, even if it means you will not receive meaningful compensation. Look for an attorney who is willing to go the extra mile.
5. What is your win/loss record?
While having a high success rate is an essential factor, it is equally important to find a wrongful birth lawyer who you can trust. Keep in mind that an attorney who hasn’t tried many cases may have a high success rate simply due to a lack of experience. Ask your attorney about their successes and inquire about other clients’ testimonials if the information is not readily available on the internet.
6. Are you active in the state’s Trial Lawyer Association?
The American Association for Justice provides exceptional education, unparalleled advocacy, and a network of trial lawyers across the world. The Illinois Trial Lawyers Association holds its members to high standards as it pertains to ethics, competency and demeanor.
Top Chicago Wrongful Birth Lawyers—Are We a Good Fit For You?
The Chicago wrongful birth lawyers at Hurley McKenna & Mertz are respectful, trustworthy, and understanding. It is no surprise that over the years our team has received high praise from clients.
To find out if we would be a good fit for your wrongful birth matter, check out our frequently asked questions library.
Hurley McKenna & Mertz’s history of successful wrongful birth verdicts and settlements shows our ability to achieve notable results for our clients. We encourage you to learn more about the attorneys at our firm and how we work.
Contact us today for a free consultation if you believe you may have grounds for a wrongful birth lawsuit.