Medical Failures Supporting Claims for Wrongful Life
While medical malpractice is among the leading causes of wrongful death in the United States, it is the only cause of wrongful life. Family practitioners, obstetrician-gynecologists, radiologists and other specialists have a professional and legal obligation to accurately diagnose their patients (including both pregnant mothers and fetuses), and they are under a duty to inform patients of the risks of both medical procedures and decisions with medical implications (i.e. the decision to continue or terminate pregnancy).
When physicians fail to meet these obligations, they (or, more accurately, their medical malpractice insurance carriers) can be held liable for the physical, financial and emotional consequences. In the case of wrongful life, these consequences can be substantial. The costs of medical care for complications from birth defects can be astronomical, but they will often pale in comparison to the daily pain and emotional trauma suffered by children who will never have the opportunity to live a normal life.
When can families seek financial compensation for wrongful life?
Most cases involve one or more of the following:
- Failure to diagnose risks prior to conception
- Failure to diagnose an injury, condition or possible defect during pregnancy
- Failure to refer expecting parents to specialists
- Failure to adequately inform prospective or expecting parents of the likelihood or risks of a potential birth defect
If your child was born with a life-changing or life-threatening condition you did not expect, we may be able to help. To get started with a free, no-obligation consultation, contact our Denver, CO law offices today.
