A recent medical malpractice suit claims that one set of parents were not given the chance to abort their baby that was born with cerebral palsy. The lawsuit contends that doctor error prevented them from having the information that they needed in order to make a decision about the life of their child. This case was not heard in Ohio, but the Supreme Court of the state in which the couple resides upheld the parents’ choice to sue.
The couple, who are divorced, stated that if the doctor had informed them that their baby’s head was slightly smaller than normal, that they would have chosen to abort the boy. The boy’s head circumference was slightly below that of a normal baby, which could indicate cerebral palsy in some cases. A month after that report, the doctor told the mom that her child’s development seemed normal.
The child, who is now five years old, cannot walk or talk and was diagnosed with cerebral palsy. The couple claimed that they have the right to sue for wrongful birth because the doctor failed to give them information that was needed before they could make the decision on whether or not to abort the baby. The Supreme Court of their state agreed that they can proceed with the lawsuit, saying that they woman has the right to choose whether her pregnancy should be terminated or not based on the viability of the fetus.
For those who live in Ohio, federal law applies concerning a woman’s right to be informed about the condition of her unborn child. Even in cases where the parents may not have chosen abortion, that knowledge could help them to prepare for their child’s arrival and life. If anyone has suffered because of doctor error, a personal injury attorney can inform him or her of the applicable state laws and how they relate to moving forward with a medical malpractice suit.
Source: News | LifeSite, “Parents to sue doctor for not giving them a chance to abort baby with cerebral palsy“, Mark Hodges, June 12, 2017