Couple Sues Healthcare Provider for "Wrongful Birth" of Their Child

| by Paul Brown

A couple, whose names are not being revealed, is suing their obstetrician for their daughter's birth.

They did not attempt to abort the child, yet they are still seeking compensation for her birth, which they and their lawyer have deemed to be wrongful.

While the couple claim to love their daughter, Newser reports, "They would have aborted the pregnancy had they known Ellie would be born with a rare genetic disorder."

The parents of Ellie (name changed) knew the child would be at risk for at least two genetic disorders, and made a great effort with their obstetrician to make sure that their daughter did not suffer from either.

A healthcare worker at the obstetrician's office, however, misread the results of an amniocentesis. This test, which is meant to show if a fetus has any abnormalities or infections, showed that Ellie suffered from one of the two syndromes the family knew their daughter would be at risk for.

Due to this misreading, the family incorrectly thought their daughter would not suffer from the rare, undisclosed birth defect. While this is indeed unfortunate, in order to win a court case the family would need to prove that they would have indeed aborted the child if they had known the baby would suffer from the condition.

While this sort of case may seem unusual, it is not the first of its kind. In 2012, an Oregon couple won $2.9 million for the wrongful birth of their child. Another couple from Chicago won a large sum of money for wrongful birth after their child was born with dwarfism.

The couple in question here, however, will not have to prove anything in a court of law. The obstetrician's office, which has acknowledged its mistakes in the fiasco, has agreed to settle with the unnamed couple out of court.