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For instance, if a physician fails to detect the presence of a congenital defect in utero and fails to inform the parents of this disability, the parents can pursue a wrongful birth lawsuit seeking compensation for the lifelong expenses associated with the disabled child.<br><br>A successful medical malpractice claim in birth defect cases must prove that the physician was obligated to the patient to perform a duty of care, that the doctor violated that duty, the doctor's actions or inability to act directly led to injuries and damages and that the victim suffered economic and non-economic damages as a result of his or her injuries. These damages could include medical expenses, lost wages and emotional stress.<br><br>Certain birth defects and injuries are preventable by timely testing and monitoring during pregnancy, which is why it's crucial for pregnant women to adhere to their doctor's advice regarding prenatal visits. 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