The amazing part is that if you google this, you will learn that it happens pretty frequently. This is yet another example of how doctors are decades behind other industries in a basic committment to detail and safety. It is totally ridiculous.
I would think that a doctor who mistakenly impregnated you with the wrong sperm acted negligently and that this conclusion is largely indisputable. The tougher issue is how to quantify damages. In New Jersey, there is a cause of action for wrongful life, but these kinds of cases usually concern the birth of a baby with severe defects which should have been diagnosed early on in the pregnancy. There are probably parellels, but your situation is different for obvious reasons because you have a healthy baby. You might also have a case based on a breach of contract.
I think because this is not an ordinary medical malpractice case, an attorney will have to do some research to figure out how to help you. There are out of state cases litigating this issue, and they might provide guidance. After doing some research to determine the parameters of the various causes of action, the lawyer will be in a better position to provide you with insight about what you can expect in the way of a remedy through a litigation. Beyond this, family law issues also might be implicated, because your daughter's biological father was also a victim here. Do you know if they contacted the donor already?
I would start with a medical malpractice lawyer. Med mal lawyers (as opposed to contract lawyers or family lawyers) take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys. Then, visit each attorney's website and look for a firm that has a record of successful verdicts.
Below are some articles you may find helpful.
Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability.
Click here for an article that explains what you can and should expect when pursuing a medical malpractice case.
Click here, here and here for more information about me.
Click here for summaries of some of the cases that I have litigated.
Click here to review articles that I have published.
Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com Click here for my website.
Answered on Dec 09th, 2014 at 1:02 PM