Florida “wrongful births” leave health care providers liable

According to Institute of Medicine statistics, approximately 98,000 Americans die each year as a result of medical errors that could have been prevented. This is an example of ‘wrongful death,’ a term recognizable to many. However, the term ‘wrongful birth’ may not provide the same familiarity, but is causing just as much commotion in the legal arena.

In 2007, the Tampa Tribune provided details of such a case involving a University of South Florida doctor. This doctor told Daniel and Amara Estrada to go ahead with a second pregnancy, despite the fact that their first child had significant birth defects. However, the doctor did not provide all of the facts needed by the Estrada’s to make a decision about having a second child.

If this doctor properly diagnosed the first child with Smith-Lemli-Opitz syndrome (a syndrome with which the doctor was familiar), the Estrada’s would have known that a 25% […]