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Wrongful Birth Cases: Medicial Malpractice Essay example

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A big problem that is becoming of lawsuits is Wrongful Birth Cases. Wrongful birth by legal definition is a term to describe medical malpractice. A claim that the child would not have been born if medical malpractice did not occur (Knudsen, 2011). The legal definition of medical malpractice is also known as medical negligence, this is a professional negligence by act or omission by a health care provider which the treatment provided falls below the accepted standards of practice in the medical community and causes injury or death to the patient (Dictionary.com). In most cases, this is medical error. There is now 28 states that recognized wrongful birth claims. There is also 12 states that prohibit wrongful birth claims, including, Idaho,…show more content…
A major reason parents sue the care providers is because of the financial problems it takes in raising a child with down syndrome or another disability. The parents want to seek damages for their child with a birth defect. The parents also sue for the emotional distress they they suffered, as well as the cost for the child. The parents seek award for the cost of the child for the rest of their life. The plaintiff wants to show that the defendant was negligent in the diagnose of the rubella in her 1st month of pregnancy. The rubella is a contagious viral disease with symptoms like mild measles. This viral disease can cause fetal malformation to the baby if contracted in early pregnancy (Dictionary.com). While wrongful birth does not just represent children with down syndrome it represents all kinds of birth problems children are born with. A couple won a $4.5 million in a lawsuit for wrongful birth. The parents claimed “They would have never brought their son Bryan into the world if they had known about his horrific disabilities” (Hallowell, 2011). The parents son was born with only three limbs, no arms and one leg; however, if Dr. Marie Morel and technicians at OB/GYN specialists of the Palm Beaches did properly administered two ultrasounds and seen he was missing three limbs the parents would have terminated the pregnancy (Howell, 2011). The parents “understandably upset that they had no warning about the
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