WRONGFUL BIRTH RESULTING IN CYSTIC FIBROSIS
What Is Wrongful Birth?
When a woman is pregnant, she relies on her doctor to guide her through the pregnancy and monitor the well-being of her unborn child. In most cases, a baby is born healthy, thanks to conscientious doctors and prenatal testing. There are times, however, when a genetic or chromosomal abnormality in the unborn child is missed due to a doctor's negligence or medical laboratory's mistake. This mistake can result in a child being born with a devastating and debilitating condition or disease. Such an instance can be grounds for a wrongful birth case.
The Reasons for Wrongful Birth Cases
- Wrongful birth may be the result of a doctor’s failure to diagnose a genetic or chromosomal abnormality
- Wrongful births can also occur because of inadequate prenatal screening
- Wrongul birth can also be the result of a laboratory error
Types of Conditions That Are Grounds for Wrongful Birth
There are many inherited conditions and diseases that can be detected by prenatal testing or by genetic testing. Some of these conditions include:
- Cystic Fibrosis
- Down Syndrome
- Myotubular Myopathy
- Sickle Cell Anemia
- Spina Bifida
- Tay-Sachs Disease
- Thalassemia Major
What Is Cystic Fibrosis?
Cystic fibrosis is a genetic disorder that affects the glands that produce mucus and sweat. Normally, mucus is thin and watery; it lines body organs like the lungs and digestive system and protects those organs from disease. When a baby has cystic fibrosis, the mucus becomes thick and sticky, building up in the lungs, liver, and pancreas and making these organs more susceptible to bacterial infections. Babies born with cystic fibrosis have repeated lung infections (which shortens their life span) and difficulty breathing. They also have digestive problems and fail to thrive because the disease affects their ability to absorb nutrients. When children with cystic fibrosis grow up, they are at risk for infertility. Raising a child with cystic fibrosis can be exhausting and expensive. Your child will probably need daily treatments and medications to prevent complications. Because cystic fibrosis is a genetic disorder, a couple can be tested for the disorder even before conception. There are also prenatal tests, including amniocentesis or chorionic villus sampling (CVS) that can detect cystic fibrosis. Cystic Fibrosis and Wrongful Birth Cases If you were not informed of your child’s cystic fibrosis before his or her birth, you may have a wrongful birth case. An error may have occurred in one of several steps in the process: 1. Your doctor failed to read or interpret test results properly (e.g., AFP, ultrasound, amniocentesis) or did not advise you of your risks for giving birth to a baby with this condition. 2. The medical lab failed to perform the appropriate tests or failed to report the results. In both of these instances you were deprived of the choice to terminate the pregnancy or were unprepared to care for your disabled child. This may be grounds for a wrongful birth case. Contact O’Connor, Parsons & Lane for Help At O'Connor, Parsons & Lane, our attorneys have extensive experience dealing with wrongful birth cases. Our team of New Jersey attorneys can help you determine if you have a wrongful birth case. In one wrongful birth case we handled, a mother took the precaution of going to a specialist to determine if her fetus had a rare genetic disorder. The medical testing company failed to do the test and the doctor failed to notice the omission. The baby was born with myotubular myopathy. The jury awarded $28 million to the family, which enabled the family to properly care for their sick child.
At O’Connor, Parsons & Lane, we know that no parent wants to make the heartbreaking decision about whether to terminate a pregnancy or bring a severely disabled child into the world. But parents do have the right to know the facts, and doctors and medical laboratory professionals have a responsibility to perform proper tests and inform the parents of the results.
If your baby was born with cystic fibrosis, talk to the New Jersey wrongful birth lawyers at O’Connor, Parsons & Lane. Contact us at 800-586-5817, 908-928-9200 or email us. The initial consultation is free.