Florida Couple Wins Birth Injury Lawsuit

Posted on October 31, 2014 by Shapiro Law Group


A Florida couple sued their doctor and ultrasound technician for failing to tell them their son was disabled before he was born.

The young couple was diligent about prenatal care and following doctor’s orders, so they were excited to welcome the new addition to their family. Tragically, the child was born catastrophically disabled, with no arms and one leg.

Distraught, the plaintiffs argue that the doctor and ultrasound technician should have informed them about their son’s condition before he was born. If they had known about the missing limbs, they would have saved him “a life of physical and psychological pain” and ended the pregnancy.

A judge determined that both the doctor and the ultrasound technician were guilty of negligence and awarded the couple $4.5 million. His parents say that it helps to know that no matter what happens, their son will receive the care he needs.

Are Wrongful Birth Lawsuits Immoral?

Birth injury lawsuits should never be referred to as “wrongful birth” cases, because they are less about birth and more about the cost of caring for a disabled child. Children with physical disabilities often require more medical care, in-home caretakers, physical and behavioral therapy and special schooling, all of which can cost thousands of dollars.

The settlement in this case will most likely be used to cover prostheses, physical therapy, wheelchairs, attendants and psychological care: expenses that the family would not have faced if their child had not been disabled.

Victims of birth injury and prenatal negligence are not bad parents, because they need help caring for their children. If a doctor failed to care for an expectant mother properly, he deserves to be held accountable, regardless of the outcome.

If you believe a doctor’s negligence caused your child’s condition, call Shapiro Law Group to discuss your case. For more information about birth injury and medical malpractice, follow our firm on Facebook or Twitter.

Shapiro Law GroupMedical Malpractice Attorneys Serving the Tampa Bay Area

Source: http://farmingtonhills.legalexaminer.com/medical-malpractice/wrongful-birth-lawsuits-present-a-cruel-quandary-for-parents/


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