Like all expectant parents in New York City, your greatest hope is that your unborn child is healthy and progressing in his or her development. To discover that not to be the case at his or her birth can be a devastating shock. Children born with birth defects will often require lifelong care that can exact a heavy financial and emotional toll. Today’s technology allows doctors to spot potential birth defects before a baby is even born. The discovery of such defects may determine how you choose to handle your pregnancy. Yet we here at Futterman, Sirotkin and Seinfeld, LLP are often asked if legal recourse is available in cases where the technology used to uncover such issues goes unutilized.
You may be familiar with the term “wrongful death lawsuit,” yet were unaware that you can also file a wrongful birth lawsuit. Wrongful birth cases are classified as those where babies are born with detectable birth defects that went undiscovered by doctors. Birth defects that can be spotted prior to birth include:
- Down syndrome
- Sickle cell anemia
- Spina bifida
- Cystic fibrosis
- Tay-Sachs disease
The logic behind these lawsuits is that if you know prior to your baby being born that he or she may have a birth defect, you could choose to terminate your pregnancy. According to Healthline.com, 28 states allow such action, with New York being one of them.
For a wrongful birth lawsuit to be valid, you usually need to prove that your doctor failed to conduct testing that would have discovered your baby’s birth defect, or failed to advise you of any risks of birth defects your child could develop based on your own unique genetic makeup.
You can learn more about your legal options when dealing with birth injuries or defects here on our site.