My sister in Louisville just had a baby that was born with Down syndrome. My sister and her husband had asked about having amniocentesis to make sure their baby was normal, but the obstetrician told them it was risky and unnecessary. Do they have grounds for a lawsuit?

I can’t say unequivocally without consulting them and investigating the circumstances, but it sounds as if they can sue for wrongful birth. If they were concerned about having a baby with birth defects and they made clear to the doctor that they might terminate the pregnancy if this proved to be the case, he or she had an obligation to determine whether or not defects were present.

Your sister and brother-in-law should consult a Louisville birth injury attorney. The initial consultation is generally free, and they are under no obligation to continue should they choose not to pursue legal action. If they do sue, they may be entitled to compensation for expenses that are attributable to the baby’s birth defect. This includes medical expenses and whatever types of therapy are required to assist the child in living as “normal” a life as possible.

When you find out that your newborn baby’s birth defect or injury could have been prevented, you have every right to be angry. 

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If your family has been impacted by a birth injury you need to speak with an experienced birth injury attorney as soon as possible. Contact us online or call our office directly at 888.450.4456 to schedule a free consultation.