Filing a Claim for Wrongful Birth in Colorado
In addition to long-used diagnostic and testing procedures, today’s physicians have access to an unprecedented wealth of medical technology. Physicians have little excuse for overlooking risk factors for severe and disabling medical conditions developing during gestation, and they have every opportunity to inform patients of the risks associated with pregnancy and childbirth.
Yet, far too often, parents are surprised to learn that their children have been born with disabilities and birth defects. Far too often, physicians either (i) fail to diagnose fetal medical conditions, or (ii) fail to adequately communicate the long-term implications to expecting parents.
Most wrongful birth claims can be broken down into two categories:
- Failure to Diagnose – When an obstetrician-gynecologist or other physician fails to diagnose (or misdiagnoses) a fetus’s medical condition during pregnancy, the family is necessarily denied the opportunity to make an informed decision about whether to continue or terminate the pregnancy. Failures to diagnose and misdiagnoses can result from failure to order necessary tests or from misinterpreting test results.
- Failure to Inform – Once a potentially-serious medical condition has been diagnosed, the family’s physician must adequately explain the risks involved (or provide a referral to a specialist who can adequately explain the risks) so that the family can make informed decisions. The family may need to make decisions about additional screening, having the mother and fetus undergo potentially-risky procedures, or continuing or terminating the pregnancy.
If your child was born with a disabling genetic disease or congenital defects such as spina bifida or cystic fibrosis, your family deserves better. The attorneys at Levine Law can help. Our medical malpractice lawyers have recovered millions of dollars for families and individuals throughout the Denver area, and we can make sure you receive the compensation you deserve.
