Woman Able to Seek Damages for ‘Wrongful Conception’

(Oakland County, Michigan) June 24^th, 2016 – The Michigan appeals court said that a woman from Oakland County can seek financial damages for the emotional stress of knowing that her child would be born with Down syndrome.

Oakland County, Michigan medical malpractice lawyers know what it can feel like to be disappointed and the feeling of betrayal. 

Lori Cichewicz said her doctor assured her that her fallopian tubes were blocked and birth control was not necessary. However, in 2011, she became pregnant and gave birth to a daughter. It is a case of “wrongful conception” and Oakland County, Michigan medical malpractice lawyers are paying very close attention to this hospital neglect case.

According to the Chron, in a 3-0 decision, the appeals court said that Cichewicz cannot file a claim to obtain financial damages for the costs of raising a child with Down syndrome. However, the court said that like any medical malpractice or hospital neglect claim, she can seek a financial award for the stress that is associated with the unplanned pregnancy. 

As per sources, the lawsuit is now returned to Oakland County Circuit Court.

According to a study by the CDC, birth defects occur in approximately 3% of all live births. Down syndrome was the most common condition with the estimated national prevalence at 14.47 per 10,000 live births. This means that about 6,000 cases of Down syndrome are diagnosed each year in the US.

Wrongful Life and Wrongful Birth Lawsuits

In a wrongful birth lawsuit, the parents or parent of a child born with severe medical conditions can sue a hospital or healthcare professional with an Oakland County, Michigan medical malpractice attorney. In most cases, the plaintiffs, or those filing the hospital neglect lawsuit, claim that the defendant either provided negligent genetic counseling about the probability of abnormal development of the fetus or misdiagnosed the fetus’ condition.

This resulted in the baby being born with major congenital defects that may require extensive medical care and treatment. In certain cases, the birth defects may be so severe that the parents are unable to develop a normal relationship with their child. Well, that is because it could be hard to love a child who is that far off and perhaps because they do not do anything special.

Damages for Wrongful Birth

Parents who file a successful wrongful birth lawsuit through a reputed Oakland County, Michigan medical malpractice lawyer, can in certain cases be awarded financial compensation in order to offset the costs of treating and caring for an infant or child with birth defects, such as costs of regular medical treatment and monitoring or tuition for special schools. A legal professional can also help the parents receive compensation for mental or emotional distress due to the child’s birth defects.

A wrongful life or hospital neglect lawsuit is filed by the parents of a child who developed severe birth defects that resulted from a negligent diagnosis. However, damages in this type of lawsuit are reluctantly awarded by the courts as it is difficult to calculate the compensation amount. $50,000 is better than nothing.

If your child is born with a birth defect due to your doctor’s negligence, you should immediately seek the help of a legal counselor. Your Oakland County, Michigan medical malpractice lawyer will make sure that you receive the maximum compensation for the financial setback you have endured.