What is a wrongful birth lawsuit?

A wrongful birth lawsuit is a type of legal action families can take against a negligent healthcare professional whose failures resulted in a child being born with a birth defect that significantly impacts their quality of life. Through this legal action, parents can pursue financial compensation for the child.

How does taking legal action against a negligent medical professional help a child born with serious birth defects?

When your child has been born with a birth defect that severely impacts their functioning, quality of life, medical needs, and potentially life expectancy, filing a wrongful birth claim against the responsible medical provider may be your only chance to secure the resources your child needs for the best future possible. Loving parents of disabled children recognize that their child’s best chance for the future requires access to quality medical care and the financial stability to offset medical expenses and the economic impact of permanent disabilities. Through this claim, you can also pursue compensation for your child’s non-economic losses, which may include pain and suffering, permanent disfigurement, and reduced quality of life.

How is a wrongful birth case different from a birth injury case?

Birth injuries and the defects that can give rise to a wrongful birth claim can both impact a child for a lifetime. Both types of claims allow families to seek compensation for the child’s physical, emotional, and financial losses, now and in the future. What distinguishes wrongful birth claims from birth injuries is the way in which the healthcare provider was negligent. In wrongful birth matters, medical negligence often involves a failure to order, perform, or accurately interpret the results of genetic testing during pregnancy or, in some instances, prior to conception. Many serious birth defects can be detected through prenatal screenings, allowing expectant parents to make informed decisions about whether to move forward with a pregnancy when the baby is likely to face severe impairments, poor quality of life, and a lifetime of costly medical interventions. Birth injury claims typically arise out of preventable damage to the child resulting from medical negligence. Examples of negligence that can lead to birth injuries include failing to monitor for and intervene in fetal distress, delaying a necessary cesarean section, or causing injury to the child through improper use of tools such as forceps. Birth injuries can also result from a doctor’s failure to diagnose, treat, and manage maternal infections and other complications earlier in pregnancy.

What do you need for a wrongful birth lawsuit to be successful?

Wrongful birth claims are challenging legal matters. To hold a healthcare provider accountable, your New Jersey wrongful birth lawyers need to establish that the defendant’s conduct deviated from the acceptable standard of care, breaching a duty owed to the child and expectant parents under a provider-patient relationship. A thorough analysis of medical records throughout the pregnancy and collaboration with expert witnesses can identify all potential defendants, including obstetricians, genetic counselors, and testing laboratories, and the specific ways in which their conduct fell short of the standard of care. Your wrongful birth claim also requires you to identify your family’s losses as a result of medical negligence. You need to document your child’s medical expenses so far, future projected medical expenses, income loss due to the need to care for a child in poor health, and the reduction in your child’s future earning capacity.

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Wrongful Birth

New Jersey Wrongful Birth Lawyers

Wrongful Birth Attorneys in Haddonfield, NJ Specializing in Claims for Wrongful Birth in Camden County, Burlington County, Gloucester County, and Throughout South Jersey

When your child has been born with a birth defect that affects everything from their physical and cognitive development to their quality of life and, potentially, their life expectancy, you can feel helpless. All you want to do is take away your baby’s suffering and ease their hardships, but there’s nothing that either a parent’s love or modern medicine can do to make everything better. Instead, your child’s hope for the best possible future is through considerable medical interventions that are often as grueling as they are expensive. Our New Jersey wrongful birth lawyers understand how difficult life is for families impacted by birth defects, and we’re here to advocate for your child’s future.

The Law Offices of Andres, Berger & Tran provide skilled legal support to families, helping them hold healthcare providers accountable for negligence at no upfront cost. Together, we can secure the compensation your child is entitled to and put them on the path to a more stable future. Contact us today to get the legal help you need, starting with a free consultation.

Holding Healthcare Providers Accountable for Wrongful Birth in New Jersey

In a wrongful birth claim, your family is taking legal action against a physician, genetic counselor, testing laboratory, or some other type of healthcare provider or facility. The argument on which your claim is based is that the negligent party’s conduct regarding genetic testing during pregnancy or before conception deviated from the standard of care and resulted in your child’s debilitating medical condition.

Many genetic defects and disorders—including severe conditions that can lead to profound impairments, reduced quality of life, and shortened life expectancy—can be detected through prenatal screenings. In some instances, pre-conception genetic testing allows prospective parents to learn whether they are carriers of gene mutations that increase the risk of certain genetic defects even before getting pregnant. The results of these tests allow families to make informed decisions.

New Jersey law allows for legal action when any form of medical malpractice prevents parents from being able to make these informed decisions and results in a child being born into the painful consequences of a serious disorder that could have been detected through proper testing.

The types of failures that lead to wrongful birth claims include:

Failure to take a proper medical history from expectant parents
Failure to advise patients of the risk of genetic defects and disorders based on their medical history
Failure to recommend or order appropriate screening or diagnostic tests in accordance with the standard of care
Failure to perform pre-conception and prenatal tests properly, leading to inaccurate results
Failure to review and correctly interpret the results of screening tests
Failure to diagnose a genetic condition when appropriate based on the results of screening tests
Failure to accurately inform expectant parents of the results of screening tests and the potential risks to the baby
Failure to explain to prospective parents the legal and medical options available to them

Determining all possible defendants and ways in which providers and facilities deviated from the standard of care requires a thorough examination of medical records. As experienced wrongful birth attorneys in Haddonfield, NJ, we carefully analyze all of the facts to build strong cases against the providers and facilities that have put our clients in this unbearably difficult situation through their negligent conduct.

How The Law Offices of Andres, Berger & Tran Can Help

Although state law recognizes claims against doctors for failing to adequately screen for birth defects, these claims remain complex cases that are difficult to win. You’re going to need the guidance and skilled advocacy of wrongful birth attorneys in Haddonfield, NJ, like The Law Offices of Andres, Berger & Tran.

Types of Cases Our New Jersey Wrongful Birth Lawyers Handle

Wrongful birth actions aren’t all alike. They can develop out of numerous types of negligence and can encompass the birth of children with a variety of life-altering disabilities. At The Law Offices of Andres, Berger & Tran, we assist families of children born with conditions like the following:

As experienced New Jersey wrongful birth lawyers, we’re prepared to help a family pursue financial compensation for all of their child’s losses arising out of these and other birth defects and the complications they cause.

Our Approach to Proving Wrongful Birth Claims and Recovering Maximum Compensation for Families

We take seriously the consequences of severe birth defects on a child and their family, and we pursue maximum compensation for our clients. We begin each claim with an initial evaluation of the facts. From there, we build the strongest possible case through thorough investigations, complete reviews of medical records, and collaborations with medical experts.

To help us effectively advocate for full compensation, we identify all of the impacts of the birth defect on your child’s life and future. Working with expert witnesses in medicine and economics helps us accurately calculate the projected losses associated with future medical care and your child’s loss of earning potential in adulthood.

Why Choose The Law Offices of Andres, Berger & Tran?

Our New Jersey wrongful birth lawyers are known for representing families impacted by all types of birth defects with sensitivity and compassion. We remove the obstacles that hold families back from retaining skilled legal assistance by making representation accessible and affordable.

Representing Families Affected by Serious Birth Defects Throughout NJ

From our office in Haddonfield, our team offers skilled legal assistance for wrongful birth claims of all kinds throughout the state. We have a history of providing comprehensive legal services for birth defect and birth injury matters, so we’re equipped with the in-depth knowledge necessary to address how medical negligence contributes to all types of birth defects.

Serving Families With Compassion and Genuine Concern

We know that pursuing a wrongful birth action on behalf of a child with profound impairments and poor quality of life was never part of your plan. You envisioned having a happy, healthy family, but instead, your child will suffer a lifetime of hardships, disability, medical interventions, and suffering because of a healthcare provider’s failure to provide adequate prenatal care and screening. Our wrongful birth attorneys in Haddonfield, NJ, recognize that these matters are sensitive as well as legally challenging. Throughout your case, we’re devoted to providing compassionate assistance to your family and advocating for your child’s best interests with genuine care and concern.

Contingency-Based Legal Assistance That Accommodates Your Family’s Needs

When your family is already going through so much, the last thing you need is more stress. We’re committed to making it easy to retain the professional legal help your claim demands. By handling claims on a contingency basis, we ensure families impacted by birth defects can pursue any legal matters without worrying about upfront legal costs. We also accommodate the needs of seriously injured children and their parents by offering home and hospital visits.

Contact the New Jersey Wrongful Birth Lawyers at The Law Offices of Andres, Berger & Tran Today for a Free Consultation

When your child is born with a severe birth defect, the future can seem overwhelming. The team at The Law Offices of Andres, Berger & Tran makes it easy to take the next step toward securing the compensation your child will need for the future. The legal process begins with a free, no-risk case review.

For help from wrongful birth attorneys in Haddonfield, NJ, contact The Law Offices of Andres, Berger & Tran online or call 856-317-6558 today.

Frequently Asked Questions About Wrongful Birth Claims in New Jersey

A wrongful birth lawsuit is a type of legal action families can take against a negligent healthcare professional whose failures resulted in a child being born with a birth defect that significantly impacts their quality of life. Through this legal action, parents can pursue financial compensation for the child.
When your child has been born with a birth defect that severely impacts their functioning, quality of life, medical needs, and potentially life expectancy, filing a wrongful birth claim against the responsible medical provider may be your only chance to secure the resources your child needs for the best future possible. Loving parents of disabled children recognize that their child’s best chance for the future requires access to quality medical care and the financial stability to offset medical expenses and the economic impact of permanent disabilities. Through this claim, you can also pursue compensation for your child’s non-economic losses, which may include pain and suffering, permanent disfigurement, and reduced quality of life.
Birth injuries and the defects that can give rise to a wrongful birth claim can both impact a child for a lifetime. Both types of claims allow families to seek compensation for the child’s physical, emotional, and financial losses, now and in the future. What distinguishes wrongful birth claims from birth injuries is the way in which the healthcare provider was negligent.
In wrongful birth matters, medical negligence often involves a failure to order, perform, or accurately interpret the results of genetic testing during pregnancy or, in some instances, prior to conception. Many serious birth defects can be detected through prenatal screenings, allowing expectant parents to make informed decisions about whether to move forward with a pregnancy when the baby is likely to face severe impairments, poor quality of life, and a lifetime of costly medical interventions.
Birth injury claims typically arise out of preventable damage to the child resulting from medical negligence. Examples of negligence that can lead to birth injuries include failing to monitor for and intervene in fetal distress, delaying a necessary cesarean section, or causing injury to the child through improper use of tools such as forceps. Birth injuries can also result from a doctor’s failure to diagnose, treat, and manage maternal infections and other complications earlier in pregnancy.
Wrongful birth claims are challenging legal matters. To hold a healthcare provider accountable, your New Jersey wrongful birth lawyers need to establish that the defendant’s conduct deviated from the acceptable standard of care, breaching a duty owed to the child and expectant parents under a provider-patient relationship. A thorough analysis of medical records throughout the pregnancy and collaboration with expert witnesses can identify all potential defendants, including obstetricians, genetic counselors, and testing laboratories, and the specific ways in which their conduct fell short of the standard of care.
Your wrongful birth claim also requires you to identify your family’s losses as a result of medical negligence. You need to document your child’s medical expenses so far, future projected medical expenses, income loss due to the need to care for a child in poor health, and the reduction in your child’s future earning capacity.