San Diego Wrongful Birth Lawyers

In wrongful birth lawsuits, parents of a child born with a disease or birth defect sue either the healthcare professional or hospital if genetic testing was not done, was not done properly, or was misread. Parents can also sue in situations where negligent genetic counseling misinformed them regarding the chances of a fetus developing abnormally or in situations where either an ultrasound or a sonogram was misread entirely. These differ from wrongful life cases in which the claim is asserted by the person born with the birth defect.

At The McClellan Law Firm, we represent parents in these complex cases. If you would like to discuss your case with a member of our award-winning law firm, contact us today: (619) 215-1488.

Elements That Must Be Proven in Wrongful Birth Claims

Healthcare professionals have a responsibility to inform expecting parents of potential risks or complications regarding their pregnancy; should they fail to do so, they could expose themselves to a medical malpractice lawsuit. This is even truer in situations where parents reach out to professionals specifically for genetic testing.

To establish a wrongful birth claim in California, the following must be proven:

  • The defendant failed to diagnose / warn the plaintiff of the risk of a child being born with a genetic impairment / disability—or the defendant failed to perform tests / advise the plaintiff of tests that would likely let the plaintiff learn of the risk of a child being born with a genetic impairment / disability.
  • The child was born with a genetic impairment / disability.
  • If the plaintiff had known about the genetic impairment / disability, the mother would not have conceived the child or would not have carried the fetus to term.
  • The defendant’s negligence substantially caused the plaintiff to have extraordinary expenses.

What Damages Can Be Won in Wrongful Birth Cases?

In wrongful birth cases, parents may be awarded financial compensation to cover items such as:

  • The medical costs of caring for a child with a terrible disease or serious birth defect; and
  • The costs of tuition for special schools for children with learning disabilities.
  • Emotional distress experienced the parents in learning of / living with the child’s disease or birth defect.

This financial compensation will not cover the costs typically associated with raising a child; instead, they will only cover these costs that are specific to children born with a disease or birth defect.

Turn to Our San Diego Injury Lawyers: (619) 215-1488

At The McClellan Law Firm, we have helped parents with these cases before, assisting parents whose child was born with Canavan disease, cystic fibrosis, and even helping parents whose child was born with no arms. We have experience in navigating through this complex area of the law, and we are ready to guide your family through it. If you are looking for a battle-tested law firm who you can trust to look out for your best interests, do not hesitate to contact us today. We offer completely free and confidential case evaluations.


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