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The circumstances surrounding a wrongful birth claim tend to be very sensitive and serve to complicate an already delicate situation. A wrongful birth occurs as the result of preconception negligence on the part of the defendant. The potential causes of a wrongful birth situation can include failure to properly perform a sterilization procedure, failure to diagnose a pregnancy, and failure to properly terminate a pregnancy. Physicians can also contribute to a wrongful birth by failing to warn or adequately warn patients of the possible failure rate for sterilization procedures, or by failing to diagnose serious birth defects and deformities until it is too late to legally terminate the pregnancy.

In many cases, the victims of a wrongful birth include the parents and a child born with serious mental or physical handicaps. Children born as the result of a wrongful birth are unintended, although that does not mean that they are not wanted once the pregnancy is discovered or carried to term. However, there are often financial, emotional, physical, and medical consequences that result from a wrongful birth, and if a party is found to have caused or contributed to the wrongful birth, he or she may be held accountable for it financially.

It can be difficult to think of wrongful birth claims as legitimate or proper, as they involve questions of ethics, morals, and public policy. The laws governing wrongful birth can vary greatly by region, and it is important that the victims of a wrongful birth receive the best representation possible-an attorney who understands the terribly difficult position that the family is thrown into by a wrongful birth. A lawyer who has experience in representing the victims of wrongful births may be able to advise you of your legal options, and most likely represents your greatest chance for securing some sense of normalcy and financial stability in the wake of a wrongful birth.

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