Proposed Bill Would Prevent Wrongful Birth Lawsuits in Mississippi

Posted: Feb 20, 2017 11:11 AM

According to The Clarion-Ledger, there is no record of anyone filing a wrongful birth or wrongful life lawsuit in the state of Mississippi, and one lawmaker in particular wants to ensure no one ever does. Senator Angela Burks Hill has filed Senate Bill 2034, which would protect doctors from liability in claims regarding children that allegedly should not have been born.

The bill focuses on doctors telling potential parents about their children’s birth defects and ultimately aims to shield practitioners from wrongful birth claims, which have arisen in other states. In a wrongful birth lawsuit, parents claim a doctor failed to inform them of a child’s birth defects. If they had known about said defects, the plaintiffs argue they may have ended the pregnancy.

Hill believes doctors should not be held liable for failing to identify whether a child will be born with birth defects. Her bill applies to all wrongful birth claims, regardless of whether the child is born healthy.

Unfortunately, medical negligence can occur during both pregnancy and delivery. According to the Centers for Disease Control and Prevention, the most common birth injuries that result from medical negligence include brain injuries, fractures, and facial paralysis.

If your child suffered a brain injury during delivery because of substandard medical care, your brain damage attorney can help you try to recover money damages. Turn to the Law Office of Randolph C. Wood, PLLC to discuss your case. Call 601-709-3584 to schedule an initial consultation today.

What Kind of Damages Can You Claim in a Wrongful Birth Lawsuit?

Raising a child with any kind of birth defect is challenging, and the financial costs alone are enough to stress out even the calmest parents. Children with severe birth defects require around-the-clock care, which means one parent has to stay home at all times and thus cannot work.

Trying to cover doctor’s appointments, physical therapy sessions, and medical equipment with a single income is essentially impossible, and that doesn’t even include the general costs associated with running the household. When you consider all of the costs of raising a child with birth defects, it becomes clear why parents seek damages.

In a wrongful birth lawsuit, parents are pursuing compensation to offset the costs of raising a child with special needs. Damages might include tuition for a special school that caters to the child’s disabilities, fees for additional tutoring, and funds for medical bills.

Parents may also pursue damages related to mental or emotional distress that occur as a direct result of the birth defects. It is important to remember that a successful wrongful birth claim will not provide compensation to cover the general costs associated with raising a child, though. Parents can only seek damages that occurred as a direct result of the unanticipated birth defects.

If your child sustained a brain injury during delivery, a medical malpractice lawyer can help you pursue justice and compensation. Turn to the Law Office of Randolph C. Wood, PLLC to discuss your case with Randolph C. Wood, your Jackson brain damage attorney. 

Call 601-709-3584 to schedule an initial consultation today.