Wrongful Birth Attorney in California
Trial-Ready Representation for California Wrongful Birth Claims
Wrongful birth claims address negligent prenatal care that left parents without material information about a fetal genetic condition or disability. At Carpenter & Zuckerman, we represent California parents whose medical providers allegedly failed to diagnose a condition, perform appropriate genetic testing, or communicate important findings during pregnancy. We treat these matters as medical malpractice claims involving lost prenatal information, not injuries caused during labor or delivery.
John C. Carpenter and Paul S. Zuckerman founded our firm in 1995. We’ve recovered more than $3 billion in verdicts and settlements, and our 40 lawyers have handled over 20,000 cases. We prepare every case as if it’ll proceed to trial.
Call (888) 484-2033 or contact us to discuss a missed diagnosis or testing concern with our wrongful birth attorneys in California.
Wrongful Birth, Wrongful Life & Birth Injury Claims
California recognizes wrongful birth as a cause of action under Turpin v. Sortini. Parents bring this type of claim to seek damages associated with the birth of a child with a disability after allegedly negligent testing, diagnosis, or warnings during pregnancy. The central question is whether the parents received information that could have affected their reproductive decisions.
A wrongful life claim is brought by the child for the child’s own damages. A physical birth injury claim concerns harm caused by negligent medical treatment during labor or delivery. Although these claims can arise from the same pregnancy or medical system, they address different conduct, injuries, and recoverable damages.
A Few Of Our Big Wins
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$131M Car Accident -
$74.53M Birth Injury
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$45M Drunk Driver
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$31.7M Brain Injury
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$29.25M Brain Injury
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$21.65M Motorcycle Accident
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$17M Brain Injury
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$16.4M Medical Malpractice
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$14.6M Commercial Vehicle
Required Elements of a California Wrongful Birth Claim
Parents generally must establish:
- Prenatal negligence: A provider negligently failed to diagnose, warn of, or test for a genetic condition or disability.
- Birth with the condition: The child was born with the condition at issue.
- A different reproductive decision: The parents wouldn’t have conceived or carried the pregnancy to term if they had received the information.
- Causation of expenses: The provider’s conduct was a substantial factor in causing expenses associated with the child’s care.
The chronology of care is central to causation. An evaluation must consider what information was medically available, when the provider should have communicated it, what the parents actually received, and how the alleged failure relates to the claimed expenses.
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Hear What Our Clients Are Saying
“This was my first time doing any of this and they helped me through step by step.”
Carpenter & Zuckerman team was very helpful and informative. Especially Edward Cherkezian and Disha Bhagwat. This was my first time doing any of this and they helped me through step by step. Would recommend!
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California Filing Deadlines and Presuit Notice
California Code of Civil Procedure section 340.5 generally requires a professional negligence claim against a health care provider to be filed within three years of the date of injury or one year after discovery of the injury, whichever occurs first. The deadline for a particular family depends on the facts, including when the alleged injury was discovered. A prompt review allows us to examine those dates without assuming a general rule resolves an individual case.
Section 364 generally requires at least 90 days’ notice of intent to sue before filing a medical malpractice action. When a public entity is involved, such as a county hospital, the Government Claims Act generally requires an administrative claim within six months after the cause of action accrues, meaning when the claim legally arises. These requirements can overlap, so each potential deadline must be evaluated carefully.
A Trial-Ready Review of Your Prenatal Care
Parents can bring medical records, test results, provider communications, and questions about their family’s care to an initial legal discussion. We’re available 24/7, and our contact form offers another way to share basic information about the potential claim.
We work on a contingency fee basis. You don’t pay attorney fees upfront or owe legal fees unless we win your case.
Call (888) 484-2033 or contact us to discuss your potential claim with our wrongful birth lawyers in California.
We know when to take cases to trial to secure maximum compensation for our clients.