Categories to Consider in Wrongful Birth Damages Calculations
Raising a child with severe medical needs is an emotional and financial journey that no parent expects to face in parenthood, much less wants or images their child will be facing. When medical negligence manifests in parents being unaware of their child’s congenital or genetic conditions before the child is born, they may have grounds to file a type of medical malpractice suit known as a wrongful birth claim in New Jersey. Lawsuits of this nature are designated to fight for compensation for substantial costs and hurdles often associated with bringing up a child with special needs. If you or a loved one is considering pursuing a wrongful birth claim, continue reading for an in-depth exploration of the manifold types of damages available in wrongful birth cases, with a beneficial look at securing resources you may need to care for your child. Contact our seasoned legal team for a free consultation with an attorney regarding your wrongful birth case in New Jersey and learn more about the damages that you and your child may be entitled to.
Recovering Medical Expenses in Wrongful Birth Cases
Damages from wrongful birth suits encompass a slew of expenditures, especially ones related to health care and supervision. Parents can recover compensation for medical costs they have already incurred, including but not limited to expenses for prenatal care, delivery, and immediate postnatal care that were directly impacted by the negligence of a healthcare provider or, in some cases, a facility. Maybe there were critical prenatal screenings that weren’t executed or performed in entirety or correctly, diagnostic procedures missed, or testing overlooked or dismissed; the financial burden of addressing these reckless gaps can be included in a claim.
Further, families often face significant ongoing medical expenses, including treatment, therapies, procedures, and surgeries required to manage the child’s condition, and they can include cumbersome lifelong medication needs for chronic illnesses or severe and costly surgeries aiming to correct congenital deficiencies and defects or alleviate debilitating symptoms. The price of such specialized care from medical professionals like pediatric neurologists or geneticists is another component that deserves vital consideration. Your child might be suffering from a congenital heart defect, which widely requires visits to pediatric cardiologists. These expenses quickly form and begin to accumulate to practically insurmountable sums–without the type of compensation obtained via a wrongful birth claim.
Financing Your Child’s Rehabilitation and Therapeutic Needs
Rehabilitation and therapy costs represent another major category of damages in wrongful birth cases. Many children with congenital conditions benefit from long-term physiotherapy to address mobility and motor function issues, like those associated with cerebral palsy. Activity-centered therapies like occupational therapist-led programs are another pivotal factor for the well-being and healthcare of children with such conditions. They may need assistance developing life skills and managing daily tasks, while speech and language therapy support children with communication disability. A child experiencing developmental delays could require occupational therapy to learn basic self-care skills. A genetic disorder affecting speaking ability could require the child to receive regular language developmental support sessions with a skilled speech therapist. Therapies can span years or even decades, which makes establishing compensation paramount.
Making Your Home Accessible for Your Child
Parents often realize their living space will require modifications to accommodate their child suffering from moderate to severe physical or cognitive disabilities. Wrongful birth damages can cover the costs of such changes, whether installing wheelchair ramps, widening doorways, or creating accessible and disorder-friendly bathrooms. Specialized home-use equipment, such as an adjustable bed, medical lifts, or even feeding tubes, also contributes to needed and heavy expenses. Adapting your home not only improves your child’s quality of life but can make providing these vital supports and managing daily routines possible for you as their caregiver. Modifications are often necessary to conduct life-dependent practices. Without them, the tole can be physically and emotionally grueling for the caregiver and, at other times, impossible to perform, which can place the child’s welfare at risk. Thus, seeking financial compensation becomes a must.
Managing the Costs of Long-Term Nursing and Residential Care
Chronically ill or disabled children may rely on long-term care as an outcome of wrongful birth cases. Some children require professional in-home nursing care or placement in residential facilities, like skilled nursing facilities, with round-the-clock medical monitoring and assistance. Skilled nursing services may be needed for a child with severe disabilities. In contrast, others may need placement in a care facility due to the complexity of their condition, a sharp flare in ailments or symptoms, or complications. The costs for such care, which can span months to a lifetime, are considerable and often included in damages sought through a wrongful birth claim.
Accounting for Life-Enhancing Equipment to Support a Child’s Optimal Functioning
Assistive devices and technology play another pivotal role in support of your child’s well-being and development. Medical equipment can range from wheelchairs to prosthetics or respirators. These devices help to ensure a child’s physical health and mobility, as well as longevity, and adaptive or assistive technology facilitates learning and communication. A child with a speech impairment may primarily rely on augmentative or alternative communication (AAC) devices and methods for interacting with others, connecting, socializing, and conveying their needs. Fighting for compensation to cover the costs of these tools must not be overlooked as they immensely enhance your child’s ability to engage with the world around them, advocate for themselves as they grow, communicate with you, their caregiver, and potentially achieve greater independence.
Shouldering the Burden of Pain and Suffering: A Toll on Parents and Children
Beyond tangible costs, wrongful birth claims bring a calamity of pain and suffering that transmits to both child and parent. Kids with congenital conditions bravely endure physical pain from correlating surgeries, treatments, or chronic illnesses. Along with the physical discomfort and distress comes emotional suffering in the form of anxiety and depression that stem from the condition. For parents, the emotional anguish undergone when caring for a child with comprehensive needs is equally profound. Compensation for parental pain and suffering acknowledges the psychological consequences that come hand in hand with managing daily routines and providing long-term care.
The Two Ways to Secure Compensation in a Wrongful Birth Case
Compensation in wrongful birth cases can be achieved through either a verdict or a settlement. Verdicts are the result of trials where a judge or a jury determines the outcome and awards damages. The process can lead to substantial compensation, but it can also be lengthy and incur an additional and incredibly enormous emotional tax on top of everything a parent may be going through. Alternatively, a settlement is arrived at via negotiations or mediation processes between parties. Ultimately, the parties will reach a mutually agreed-upon financial resolution without needing a trial. Settlements can bring relief faster for families while still addressing those critical long-term needs.
What Makes Legal Representation so Important for Obtaining Wrongful Birth Damages
Like with any matter or objective of great importance, you want to set yourself up for success with tools like appropriate knowledge, resources, and, if possible, the benefit of a mentor or someone with experience to guide you. Having a trusted attorney by your side can make a massive difference in a legal claim of such magnitude as a wrongful birth case. These claims are typically complex and involve detailed medical records, professional or expert opinions, and an understanding of the financial blow that a child’s condition of this extent can have over time. Our experienced team of wrongful birth lawyers brings an abundance of skills and knowledge to the table, working with medical professionals as key experts, life care planners, and even economists to paint a clearer picture of what your child will need now and in the future and how the expense can manifest. Teamwork like this ensures that every aspect gets noticed, from ongoing medical care and therapy to specialized equipment and educational support.
Our skilled New Jersey attorneys also help parents pursue every available avenue for all compensation they may be entitled to, ensuring their child’s needs are met and supported in the long term. Whether negotiating a settlement or presenting your case in court, the objective is always to capture all aspects of wrongful birth claims and to secure the best possible outcome with the highest compensation award. With the proper legal support, families can focus on caring for their children while knowing their financial future is addressed and accounted for carefully. This is what we do on behalf of individuals and families like yours. To review your potential wrongful birth claim with one of our attorneys in a free, no obligation consultation, simply contact us at (866)-708-8617 or fill in the prompts below and we will reach out to you shortly.
