Wrongful Birth Lawyers Near You in New Jersey
Having a child can be one of life’s most joyful milestones. However, when a baby was born with a serious, life-altering medical condition that could have been detected or disclosed earlier, parents may also experience shock, grief, and uncertainty about the future. If your doctor failed to properly diagnose or inform you of a severe birth defect or medical condition during pregnancy, you may be able to pursue compensation for damages in a wrongful birth lawsuit.
Our medical malpractice lawyers at Sarno da Costa D’Aniello Maceri Webb LLC, led by Paul M. da Costa, have recovered substantial settlements and verdicts for victims of medical negligence in New Jersey. Our wrongful birth attorneys understand that these situations are complex and emotionally taxing for families. We provide compassionate, tenacious legal representation and are dedicated to making things right for those affected by wrongful birth.
What is Wrongful Birth?
A wrongful birth lawsuit is a type of medical malpractice claim filed by parents who believe they were provided inadequate medical care during pregnancy and were denied the opportunity to make informed decisions. Wrongful birth lawsuits typically rest on one of three claims:
- Failure to diagnose – If a doctor failed to diagnose a serious medical problem with a fetus, parents may have grounds for a wrongful birth claim.
- Failure to warn – When a doctor detects a fetal abnormality but fails to clearly communicate the severity of the condition and the impact it will have on the child’s life, parents may not understand the potential challenges their child will face.
- Denial of informed decision-making — This type of claim is often closely tied to failure to warn. It asserts that a doctor denied parents the ability to make an educated choice about terminating their pregnancy because they lacked the full picture of their baby’s medical condition.
Parents Have the Right to Make Informed Choices
Birth defects and medical conditions such as Down syndrome, spina bifida, thalassemia, and cystic fibrosis can have a huge impact on the quality of life of the whole family. With the wealth of genetic screenings and diagnostic testing available in the last few decades, failing to diagnose a serious problem or properly inform parents is a major breach of trust in the doctor-patient relationship as well.
Our wrongful birth lawyers believe these lawsuits are not about the value of a child’s life, but the right of parents to make informed choices and to be emotionally, medically, and financially prepared for what lies ahead.
What Makes a Wrongful Birth Case Successful?
In a wrongful birth lawsuit, the patient does not have to suffer physical injury, as the harm is usually emotional or mental. However, like many medical malpractice and birth injury lawsuits, wrongful birth cases can be challenging and lengthy, so it’s vital to have an experienced attorney by your side.
For a case to be successful, plaintiffs must prove:
- That a doctor-patient relationship existed
- That the doctor breached the standard of care due to misdiagnosis or failure to warn
- That the parents and child suffered some type of harm
- That this harm was a direct result of the physician’s violation of the doctor-patient relationship
Being deprived of the chance to make an informed decision about a pregnancy and the stress of caring for a child with serious medical problems can cause significant emotional and financial harm. Our wrongful birth lawyers in New Jersey know how to accurately value your claim and pursue the full amount of damages that may be available to you.
Why Choose Our New Jersey Wrongful Birth Attorneys?
Wrongful birth cases involve complex medical records and require the testimony of experts. Our team works closely with qualified physicians who understand how to clearly communicate why and how a negligent doctor may have breached the standard of care.
Paul and his team know the issues involved in wrongful birth cases are sensitive. We believe every patient deserves competency and truth from their medical providers, and we are dedicated to helping you pursue the accountability and compensation you need and deserve. Our experienced wrongful birth attorneys are familiar with the tactics health systems and insurers often employ to minimize payouts and deny claims. We negotiate aggressively on your behalf and won’t back down in our pursuit of justice. If a fair settlement agreement can’t be reached, our medical malpractice lawyers will take your case to trial. Our team includes experienced certified civil trial attorneys who are familiar with New Jersey courts and well-respected by the legal community.
Paul M. da Costa and his team have been recognized by The Best Lawyers in America® as Tier 1 Personal Injury – Plaintiffs and Tier 1 Medical Malpractice – Plaintiffs law firm in New Jersey for 2022 and 2024. This highly respected peer-review publication named Paul Lawyer of the Year for Personal Injury Litigation – Plaintiffs and Medical Malpractice – Plaintiffs for 2025.
The National Law Journal selected Paul and his Medical Malpractice team as recipients of its prestigious 2022 Elite Trial Lawyers Awards in the medical malpractice category. In 2022, Paul was a finalist for New Jersey Law Journal Attorney of the Year.
In 2023, he was selected for the National Law Journal Trailblazers Plaintiff Lawyers. In 2024, he was included on the NJBIZ Law Power 50 list, which recognizes the most influential men and women leading New Jersey’s legal profession. Paul was also chosen for the New Jersey Super Lawyers Top 100 list from 2020 – 2024.
Sarno da Costa D’Aniello Maceri Webb LLC was selected by their peers for inclusion in the Best Lawyers® Best Law Firms Regional Tier 1 – New Jersey, in the areas of:
- Arbitration
- Family Law
- Family Law Mediation
- Mediation
- Medical Malpractice Law – Plaintiffs
- Personal Injury Litigation – Plaintiffs
We understand that parents who file wrongful birth lawsuits want their child to have the best life possible. Although a wrongful birth lawsuit can’t change the past, it can help you secure the resources your child needs and the justice your family deserves.
Contact a Wrongful Birth Attorney Near You in New Jersey
At Sarno da Costa D’Aniello Maceri Webb LLC, our experienced team understands the emotional and financial toll medical negligence can take on families. Contact us or call 973-274-5200 to schedule a free, no-obligation consultation with Paul M. da Costa today. If you’re looking for a wrongful birth lawyer in New Jersey, we offer several convenient locations near you in Roseland, Bridgewater, Hackensack, Morristown, and Eatontown.
Frequently Asked Questions about Wrongful Birth Cases
What Types of Damages May Be Recovered in a Wrongful Birth Claim?
Compensation usually covers the costs of caring for a child with special needs, including medical expenses, therapy, assistive devices, home modifications, and education. In many cases, families may also receive compensation for damages like emotional distress and loss of enjoyment of life.
How Long Do I Have to File a Wrongful Birth Claim in New Jersey?
Generally, the statute of limitations for filing a medical malpractice lawsuit in New Jersey is two years. Our wrongful birth lawyers can evaluate your case and ensure all important deadlines are met.
How Much Does a Wrongful Birth Attorney Cost?
Our medical malpractice lawyers take cases on a contingency fee basis, which allows us to offer affordable legal representation to our clients. This means you won’t incur any up-front costs or pay attorneys’ fees unless we recover compensation for you. Our fees and other costs are deducted from any settlement or verdict you receive when your case is completed.
