Wrongful Birth

Wrongful Birth is a category of medical malpractice law that is still being defined. It is a controversial idea to declare the birth of a child is a mistake. However, with advances in diagnostic testing, it is possible for parents to know before birth if their children will have life crippling diseases or disabilities.

In a wrongful birth lawsuit, the parents seek damages or compensation for the extra cost of raising a child born with birth defects. The purpose of the compensation is to pay for the cost of raising a child with birth defects. The reason this cause of action is so troubling is the parents are essentially claiming that if the doctor diagnosed the birth defect early enough during pregnancy, the parents could have made the decision to abort the child.

Abortion is historically a controversial topic and the idea that abortion is ever justified offends some people to this day. There are enough advances in medical science now that abortion is not the only answer if you have a child with birth defects. Depending on the condition, it is possible to perform surgery and apply corrective measure while the fetus is still in the uterus providing the physician diagnoses the problem in time.

If you have a child with crippling birth defects and disabilities it would be prudent to contact an experience medical malpractice attorney to help you assess your options. The attorneys at Levine & Glassman, P.A. will be able to assist you with the legal options applicable to your situation.

Florida Wrongful Birth Attorneys

Lisa Levine focuses in the areas of medical malpractice that affect women, including failure to diagnose breast and cervical cancer, plastic surgery errors, birth injuries, delivery room negligence and defective drugs used by women. She prides herself on her dedication to women’s health issues, and has been featured on Good Morning America and NBC News.

Mark Glassman focuses a great deal of his practices on injuries resulting from defective and dangerous drugs, as well as pharmaceutical litigation, and wrongful death litigation. Mr. Glassman has been involved in pharmaceutical cases involving the infamous diet drug, Fen-Phen, and his cases have been highlighted in professional journals such as The Daily Business Review and Contractor Magazine.

Wrongful Birth Information Center

• What is prenatal screening?
• What are some non-invasive prenatal screening tests for birth defects?
• What are some invasive prenatal screening tests for birth defects?
• How we can help

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What is prenatal screening?

Prenatal screening is a way to diagnose birth defects and abnormalities in a fetus before the child is born. Some common disorders and genetic defects detected using prenatal diagnosis or screening includes:

• Spina Bifida
• Tay Sachs Disease
• Sickle Cell Anemia
• Cystic Fibrosis
• Neural Tube Defects
• Fragile X Syndrome
• Cleft Palate

There are a number of genetic disorders and syndromes that can be detected using prenatal screening and testing. Some hospitals may not routinely run invasive genetic testing unless there is a family history or risk factors among the parents that suggest genetic testing is advisable. You can contact local genetic centers on your own for genetic testing if it is not done by your doctor.

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What are some non-invasive prenatal screening tests for birth defects?

It is common for physicians to monitor the mother and the developing fetus during pregnancy. There are a number of common non-invasive tests and procedures doctors use to determine if the baby is developing normally. Some of these tests are:

• External Examination of the Uterus
• Ultrasound
• Monitoring Fetal Heartbeat with a stethoscope
• Measurement of the mother’s weight and stomach to determine the size of the fetus.

In general when pregnant women receive prenatal care, their OBGYN will conduct ultrasounds and monitor the fetal heartbeat. If any abnormalities arise, the doctor should order more tests to determine if there are any issues or concerns with the developing baby.

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What are some invasive prenatal screening tests for birth defects?

Once the physician suspects complications with the pregnancy, it is prudent for him or her to conduct invasive prenatal screening tests. Some common invasive prenatal tests are:

• Amniocentesis-

  a procedure in which amniotic fluid is withdrawn from the a pregnant woman’s uterus to test for problems in the fetus like genetic defects

• Umbilical Cord Blood Sampling-

  also called percutaneous umbilitcal cord sampling (PUBS) it is more specific than an amniocentesis because it actually examines the fetal blood opposed to just the fluid surrounding the fetus.

• Embryoscopy-

  this procedure allows the doctor to directly examine the fetus by putting a lighted instrument through the mother’s abdominal wall and uterus. The technique is used to obtain tissue samples or to perform corrective surgery on the fetus.

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How we can help

The attorneys at Levine & Glassman, P.A., are experienced and knowledgeable about all kinds of malpractice law, including prenatal and postnatal negligence. We will take the time to listen to your concerns and give your case the attention it deserves. If you have been injured due to prenatal or postnatal negligence, you have a limited time to file your claim. You should call (954) 332-6100 or fill out our online case evaluation form immediately to schedule your free consultation.

Levine & Glassman, P.A. | Wrongful Birth Attorneys

If you or a loved one has experienced a wrongful birth you need to ensure you are well represented. The complications suffered could have been avoided and may have lasting consequences that can affect the quality of life for years to come. The attorneys at Levine & Glassman are experienced medical malpractice attorneys and are able to ensure that you receive fair compensation for the damages you or your child has suffered. If you are anywhere in Florida, including: Fort Lauderdale, Miami, West Palm Beach, Boca Raton, or the surrounding areas of Broward, Miami-Dade, or Palm Beach counties, contact Levine & Glassman for an analysis of your medical malpractice case.