Wrongful Birth

Understanding Wrongful Birth and The Law

Does your child have a serious birth defect or genetic disorder? Could it have been avoided if you were notified early enough in the pregnancy?

At Smiley & Smiley, LLP, we understand that your love for your child is endless. You do not want your child to suffer or go through pain during his or her life. However, if you were deprived of the option of having an abortion because of the negligence of your obstetrician, you may have a wrongful birth claim.

We can explain your options and help you pursue compensation for medical expenses as well as pain and suffering.

What is a Wrongful Birth Action?

In New York, you can bring a claim for wrongful birth of a child if your doctor or medical provider failed to detect a severe birth defect or condition. Parents often argue that if they had known that the child would be born with this condition or disorder, they would have chosen to terminate the pregnancy.

We can help you understand your case and your options. Our attorneys work with medical professionals and other experts to determine the full, long-term cost of your child’s condition and how it will affect you. Then, we can help you pursue full and fair compensation to cover the costs of your child’s care, including:

• Medical treatment
• Prescriptions
• Necessary renovations to the home
• Wheelchairs and other medical equipment