What is a “Wrongful Birth” Claim?

You may have heard of a wrongful death claim that is brought by an aggrieved loved one after the passing of their family member due to the negligence of someone else. However, there also exists a “wrongful birth” claim that can arise when a woman becomes pregnant despite her best efforts to prevent the pregnancy.

There are several kinds of birth control, and none of them are 100% effective all of the time. However, when a medication or a birth control device works properly, they are generally about 99% effective. If a birth control medication fails to do what it is designed to do, and a woman becomes pregnant, the woman may be able file a wrongful life claim against the manufacturer of the medical device or medication and potentially against the doctor as well.

Each case is different, but it is standard that a successful plaintiff is able to recover the expenses of the medical treatment sought throughout the pregnancy. In some cases, she may be able to recover the costs of raising the child, up to the age of 18.

Mother Gives Birth Despite Taking Precautionary Measures

A good example of a wrongful birth lawsuit is explained in a recent news article out of Maine. According to the news article, a woman had gone to the doctor to get a semi-permanent birth control device implanted in her arm. She did so because she was raised by a single mother and knew how difficult it was to raise a child without being financially ready. It was her plan to further her career before becoming pregnant. She was enrolled in college studying business.

About a year after the procedure, the woman found out that she was pregnant. She then went to another doctor for an ultrasound to see if the device had moved or if there was some other problem with it. As it turns out, although the doctor attempted to implant the device, the device was never actually placed in her body.

The woman filed suit against the doctor as well as the device’s manufacturer. She claimed that the doctor failed to insert the device properly. As for the the case against the manufacturer, she claimed that the device had a history of insertion problems and was defective for that reason. She is seeking $250,000 in damages.

Are You Considering Bringing a Medical Malpractice Case?

If you have recently given birth despite taking the necessary precautions, or if you have suffered any other kind of injury at the hands of a physician, you may be entitled to monetary compensation. In Maryland, the law surrounding wrongful birth claims is still evolving, and it is not as clear as other areas of law. It is therefore incredibly important that you seek the counsel of an experienced Maryland pharmacy error and medical malpractice attorney. The skilled advocates at Lebowitz & Mzhen Personal Injury Lawyers have the experience and dedication necessary to successfully bring any personal injury case, and we would be happy to speak with you about your case. Call 410-654-3600 today to set up a free consultation.

More Blog Posts:

New Study Shows Post-Op Medication Errors More Common than Previously Thought, Pharmacy Error Injury Lawyer Blog, November 2, 2015.

Pharmacist Mistakenly Provides Chemotherapy Drug to Elderly Patient and Then Tries To Cover Up His Mistake, Pharmacy Error Injury Lawyer Blog, October 7, 2015.

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