Artificial insemination has helped many couples achieve the dream of becoming parents. Unfortunately, sometimes doctors aren't as careful as they should be and use the wrong donor sperm, resulting in parents raising children that aren't fully biologically theirs. While it is possible to sue for compensation for this mistake, winning a court case can be challenging for the following two reasons.
State Law May Not Be Supportive
The wrongful birth (or wrongful pregnancy) tort is the best one to use in a situation like this because it lets the plaintiff collect money for the cost of raising the child in addition to other compensation they may be entitled to. The problem is that 24 states do not support this tort and, in fact, ban the use of this type of cause of action to sue defendants.
Luckily, there are other torts that can be used to make the liable party pay for their mistake. For instance, you could file your suit using general medical malpractice laws. The only problem is you may not be able to collect as much money as you would have gotten by using the wrongful birth/wrongful pregnancy tort, but this tort may make it easier to win your case.
A personal injury attorney can advise you on which laws are available in use in your state and the best ones to base your case on to obtain the outcome you want, so it's a good idea to contact a local lawyer for advice and assistance.
Quantifying Harm Can Be Challenging
One of the requirements of prevailing in a personal injury case is putting a dollar figure on the harm caused by the liable party. However, this can be challenging in a wrongful birth case. Not only can it be difficult to put a price on human life, but many judges may feel the fact that the defendant still followed through on the contract by providing you with a child, even though the child has someone else's genes.
This is definitely an area where you'll need the help of a knowledgeable personal injury attorney. The lawyer can help you put a number on your pain and suffering and obtain the proof needed to support your claim. For instance, you're allowed to sue for the medical expenses related to birthing the child. The lawyer can help you calculate those medical bills and get reimbursed for them.
For more information about this issue or help with your wrongful birth case, contact a local law firm like the Law Office of Robert Karwin.