Our firm recently filed a lawsuit seeking recovery against Advocate Medical Group and two of its physicians for failing to timely advise a pregnant woman that her unborn child suffered from Sacral Agenesis, a birth defect which prevents the development of a child’s legs. Based on early ultrasound films, the physicians were aware that the child was at risk for this condition but failed to timely advise the mother. This failure prevented the mother from making an informed choice on the future of her pregnancy.
In the recent Illinois Supreme Court case of Clark vs. Children’s Memorial Hospital, 2011 IL 108656, 955 N.E.2d 1065 (2011) the Court clarified that the damages available to parents who pursue a wrongful birth claim include both the extraordinary expenses of care for the disabled child until his/her majority, as well as compensation for the parents own emotional distress.
For more information contact Ken Hoffman.