Here is a very rare case that we at Schrier Law haven’t seen very often, but we feel will start to become the new norm.
A disabled Israeli man has won a “wrongful birth” lawsuit against the state and a health maintenance organization. He was awarded $2.7 million in damages, according to reports.
An Israeli court ruled that doctors were negligent during the pregnancy of the 27-year-old’s mother by failing to detect emerging congenital birth defects during routine tests.
The lawsuit was filed by the brother and legal guardian of the man, who has cerebral palsy and severe intellectual disabilities. He also was diagnosed with schizophrenia after his mother died in 2011.
Doctors at the state-run Galilee Medical Center and Clalit HMO also failed to inform the 43-year-old mother (who also suffered from schizophrenia) of the option of aborting the fetus, according to the suit.
The woman, whose pregnancy was unplanned, had previously given birth to five children, (two of whom died in childhood). One child died in a drowning at age 6, and one child passed from SIDS (sudden infant death syndrome). Her husband died in 2017.
According to the lawsuit, the HMO failed to properly monitor the fetus and perform genetic testing, while the hospital was negligent in sending the woman home when she sought to terminate the pregnancy.
In 2012, the Israeli Supreme Court distinguished between “wrongful birth” lawsuits, when parents sue the authorities, and “wrongful life” cases, when children or their guardians sue.
The disabled man’s case was accepted as a “wrongful birth” claim, though his parents are no longer living.
The Schrier Law Group knows that cases like these are rare and tricky. Schrier Law has the resources necessary to help you and your family have successful outcomes in your case. The injuries, or even worse death, of you or a loved one can impact the remainder of peoples’ lives. It is important that you have your rights defended by someone who knows the law. Contact the Schrier Law Group for a personal injury attorney in Florida today!