DeLuca & Weizenbaum, Ltd.
Call Today for a
FREE Consultation
Toll-Free: 888-876-9415
Phone: 401-354-7233
View Our Practice Areas

Making a case for wrongful birth

Many residents of Rhode Island know about wrongful death cases, but they might not have heard of wrongful birth. According to CBS News, some may file a claim for wrongful birth if a doctor error resulted in the birth of a child that the parents were unprepared to handle, either emotionally or financially.

There have been countless wrongful birth cases filed in numerous states since the 1970s. Down Syndrome and spina bifida are two of the most common conditions cited. What are some of the other situations that might lead to a wrongful birth claim? Most of the time, the parents did not know of a birth defect the child had before being born – either because the condition was not detected during prenatal testing or the parents were not made aware of certain screenings for specific conditions. A failed vasectomy or tubal ligation might also lead to a wrongful birth claim.

These claims do not mean that the parents don’t love their children or don’t want to care for them. Caring for a child with birth defects is often far costlier than caring for a physically healthy child. Parents may seek compensation for medical treatments, therapy, special education and emotional pain and suffering.

In one recent case, a Montana woman is suing her doctors and health care facility, claiming she was not informed of a blood test that might have revealed her to be a carrier for cystic fibrosis, according to the Bozeman Daily Chronicle. Although genetic testing during her pregnancy came back normal, her daughter was born with the life-threatening illness. In addition to financial compensation, she is seeking a change in pregnancy procedures so other parents can be informed of all of their testing options.

No Comments

Leave a comment
Comment Information

Our Firm Also Serves in
the State of Massachusetts

Learn More

Cases of Interest

More Cases
Email Us For A Response

Contact The Firm

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Providence Personal Injury Office

199 North Main Street
Providence, RI 02903

Toll Free: 888-876-9415
Phone: 401-354-7233
Fax: 401-453-1501
Providence Law Office Map