A wrongful birth is a type of medical malpractice claim where parents are negatively affected by a wrongful birth – both emotionally and financially.

If the healthcare provider failed to warn the parents about the risks involved in having a child with a disability, the parents will need to show that the doctor failed to properly inform them that their child may be born with a disability, or about the risks involved.

Such a failure can occur when a doctor misreads an ultrasound, or has a personal objection against abortion. Or it can arise if the doctor fails to diagnose the unborn child's potential problems.

A wrongful birth can occur in various circumstances, including:

• The healthcare provider does not correctly terminate a pregnancy,
• The doctor incorrectly performs a sterilization or birth control procedure, or
• The healthcare provider does not correctly inform the child's parents about the risk of having a disabled child.

The parents will need to prove that if they had known about the risk, they would have terminated the pregnancy, or avoided pregnancy.

Wrongful Pregnancy Claims

Aside from a wrongful birth, there are lawsuits for a "wrongful pregnancy." Parents can file an action for a wrongful pregnancy if they tried to prevent pregnancy through sterilization, such as by a hysterectomy, or an abortion and they believed the procedure was successful.

If the doctor's negligence caused the procedure to be ineffective, the parents can sue the healthcare provider for a wrongful pregnancy.

Even if the child was born healthy, the parents can still sue for damages incurred by the unwanted pregnancy and birth. While the damages vary from state-to-state, generally parents can sue for:

• Medical expenses
• Lost income
• Pain and suffering

There are a small handful of states that allow parents to collect damages for the costs of raising an unwanted child, but that is the exception not the norm. To learn more about wrongful pregnancy and wrongful birth claims, contact a medical malpractice attorney for legal advice.