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Wrongful Birth

The happy experience of having a baby can soon turn to heartbreak if you learn your baby is severely disabled. Your first question is likely whether medical care can improve your baby’s condition. If you find that nothing can be done, the next question is whether the tragic situation could have been prevented.

Searcy Denney holds doctors to their duty of providing accurate, thorough information to patients. Your doctor had the duty to advise you of potential birth defect risks associated with your age, health and medical history. In addition, your doctor had the duty to recommend appropriate tests for congenital birth defects. Finally, you have the right to make an informed decision about whether to terminate a pregnancy that is consistent with your own spiritual, family, medical and financial circumstances.

Risks in Pregnancy

Fetal abnormalities can be detected using standard medical diagnostics. These tests should be made available to every pregnant woman, especially if she has risk factors that might increase her chances of having a baby with a birth defect. Ultrasound, blood tests, chorionic villus sampling, amniocentesis and DNA sampling can expose severe chromosomal, physical and genetic medical conditions, such as:

  • Anencephaly
  • Brain damage
  • Cystic fibrosis
  • Down syndrome
  • Malformed limbs and organs
  • Muscular dystrophy
  • Neural tube defects
  • Spina bifida
  • Zika-related microcephaly

These conditions have no treatments available and may leave the child permanently dependent upon his or her parents to survive. The child may not be able to walk, talk, bathe, use the toilet or eat, and so caregivers must constantly perform these tasks. In some cases, the child will die within days or years of birth.

Damages for Wrongful Birth

Caring for a child who has a severe disability requires a lifelong, constant commitment. Often, one parent has to quit his or her job to remain with the child 24-7. The caregiver may feel isolated by the grueling, lonely task of caring for a child who will never get better. The financial, emotional and physical losses can be extensive.

To alleviate some of the stress on your family, our attorneys pursue damages that may include:

  • Lost wages as a result of childcare duties
  • Costs of medical treatments and palliative care
  • Costs of special medical and assisted living equipment
  • Costs of hired nurses and nursing aids
  • Costs of adapting home and vehicle for special needs
  • Daily costs of raising a child, such as food, clothing and shelter
  • Mental anguish, depression and anxiety of the caregivers
  • Pain and suffering of the child

Our lawyers and staff recognize the challenges and heartache that parents of severely disabled children face and we treat your family with respect, compassion and confidentiality.

Hold Your Doctors Accountable for Withholding Information About Your Pregnancy

Your doctor’s duty is to do no harm, which includes advising of pregnancy risks and options. Call Searcy Denney to learn more about your right to accurate, thorough information and standard obstetric care. Our Florida birth defects lawyers offer a free case evaluation and handle your claim on contingency so you run no financial risks for fees or costs.

Our Fee Promise: No Recovery, You Owe Us Nothing.

A Florida personal injury firm committed to giving it our all.

Call us: 800-780-8607free initial consultation

West Palm Beach

Searcy Denney 2139 Palm Beach Lakes Blvd.
West Palm Beach, FL 33409-6601
Toll-free: (800) 780-8607
Phone: (561) 686-6300
En Espanol: (800) 220-7006

Tallahassee

Searcy Denney The Towle House, 517 N. Calhoun St.
Tallahassee, FL 32301-1231
Toll-free: (888) 549-7011
Phone: (850) 224-7600
En Espanol: (800) 220-7006


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Personal injury attorneys with a passion for justice.

Searcly Law

Our Fee Promise: No Recovery
You Owe Us Nothing.

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