Discovering your child was born with a genetic or congenital condition that could have been prevented with proper medical care is heartbreaking. It is even more painful when you realize that medical professionals may have failed in their duty to inform you about the risks, diagnosis, or alternatives that could have altered your decision to conceive or carry a pregnancy to term.
Wrongful birth lawsuits arise when parents claim that healthcare providers—doctors, genetic counselors, or other medical professionals—failed to provide critical information that would have led them to make different reproductive choices. If you’ve experienced this, you may wonder, “Is it too late to get help?” The short answer is: No, it may not be. However, it’s essential to act quickly and thoughtfully.
Below are five tips on hiring a wrongful birth lawyer to help you navigate this process.
>>> Related read: Common Wrongful Birth Case Scenarios: Know When to File a Lawsuit
1. Understand the Statute of Limitations
Every legal claim is subject to a statute of limitations, which is the timeframe within which a lawsuit must be filed. Wrongful birth claims are no exception. Depending on the state you reside in, this window may vary. For example, in some states, the statute of limitations might be two to three years from the time the negligence was discovered (or reasonably should have been discovered). In other states, it might be tied to the child’s birth or diagnosis.
A wrongful birth lawyer can clarify the specific time restrictions in your jurisdiction and help ensure you meet important deadlines. If you’re unsure whether you’re still within the legal time frame, it’s vital to consult with an attorney as soon as possible. Even if the statute of limitations is approaching or has passed, some exceptions may still apply, especially when it comes to medical malpractice claims.
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2. Choose a Lawyer with Medical Malpractice Experience
Not all personal injury lawyers have the expertise needed to handle complex wrongful birth cases. A wrongful birth lawsuit typically falls under the larger umbrella of medical malpractice, so it’s critical to work with a lawyer who understands both the legal and medical intricacies involved.
Experienced wrongful birth lawyers will know how to analyze medical records, consult with experts, and build a strong case by highlighting how the healthcare provider failed to uphold their duty of care. They will also be well-versed in medical terms and procedures, enabling them to explain complicated medical details to a jury in a compelling and clear manner. When selecting an attorney, be sure to ask about their experience with medical malpractice and wrongful birth cases.
>>> Related read: Learn more about Hurley McKenna & Mertz’s experience with wrongful birth here.
3. Seek Compassion and Understanding
Wrongful birth cases are sensitive and deeply personal. The stakes are high, and the emotional toll can be overwhelming for parents. As such, it’s essential to find a lawyer who demonstrates not only legal expertise but also empathy and understanding for what you’re going through.
Hurley McKenna & Mertz, for example, has helped change the law regarding wrongful birth cases for parents in Illinois. In our history-making case Clark v. Children’s Memorial Hospital, the Illinois Supreme Court held for the first time that parents in a wrongful birth case may seek damages for their own emotional distress. Because of this, parents today can seek damages for their own pain, suffering and emotional distress due to negligent genetic advice.
A good wrongful birth lawyer should approach your case with care, taking the time to listen to your concerns, explain the legal process clearly, and provide support throughout what can be a long, emotionally charged journey. Since you’ll be working closely with your attorney for potentially several years, finding someone with whom you feel comfortable and confident is crucial.
4. Understand What Damages Can Be Claimed
In a wrongful birth lawsuit, the damages you’re seeking can vary depending on the nature of the negligence and the severity of your child’s condition. Parents may claim compensation for a variety of costs, including:
- Medical expenses: These include both past and future costs related to the child’s condition, such as surgeries, medications, physical therapy, and other treatments.
- Care and support costs: Depending on the child’s specific needs, parents may require assistance for long-term care, special education, or home modifications.
- Emotional distress: Wrongful birth cases also often include claims for the emotional toll parents endure, particularly the pain and suffering that arises from the knowledge that a preventable birth defect or genetic condition will affect their child’s life.
- Loss of earnings: If parents have had to reduce work hours or leave their jobs to care for their child, they may be entitled to recover compensation for lost wages.
A qualified wrongful birth lawyer will help you understand the full scope of damages you may be entitled to claim and work to secure the financial resources your family will need moving forward.
>>> Free Resource: How to Support a Child After a Birth Injury
5. Research and Compare Lawyers Before Hiring
Take your time to research several wrongful birth lawyers before choosing the one who’s right for you. Look for attorneys like those at Hurley McKenna & Mertz who specialize in medical malpractice or wrongful birth cases, read reviews, and ask for referrals from trusted sources.
Many lawyers offer free consultations, which can provide an opportunity to assess their approach, ask questions, and gauge whether you’re comfortable working with them. Be sure to ask about their experience with similar cases, their success rate, and their fee structure. Wrongful birth cases can be expensive to pursue, and many attorneys work on a contingency basis, meaning they only get paid if you win your case.
Get a Free Wrongful Birth Consultation Today
While it may feel daunting to take legal action during such a challenging time, hiring the right wrongful birth lawyer can make a significant difference in ensuring justice for your family. Hurley McKenna & Mertz has years of extensive experience fighting for medical malpractice victims and has even helped change the law regarding wrongful birth cases in Illinois so that parents can seek damages for their own pain, suffering, and emotional distress due to negligent genetic advice.
Contact us today for a free consultation. We would be honored to fight for you.
