A wrongful birth medical malpractice case alleges that a heath care provider such as a doctor (such as an OBGYN or radiologist), hospital or laboratory was negligent by failing to properly inform a pregnant mother that her fetus had some serious medical condition, so that the mother would have had an opportunity to terminate the pregnancy.
One type of wrongful birth claim involves the failure of an obstetrician or lab to properly report a positive blood test called a quadruple screen, which screens for a number of prenatal abnormalities such as Down Syndrome. Another type of wrongful birth claim involves the failure of a radiologist to properly report that a sonogram shows Spina Bifida or certain markers, sometimes called hard and soft markers, for Down Syndrome.
Most states, like Maryland and the District of Columbia have recognized the ability of a mother to bring a wrongful birth medical malpractice claim. Usually, the mother is allowed to claim the extraordinary cost of raising the child which, for a child with Down Syndrome, can be millions and millions of dollars.