WRONGFUL BIRTH RESULTING IN DOWN SYNDROME
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 Down Syndrome?
Down syndrome, also known as trisomy 21, occurs when a child has an extra copy of chromosome 21. The extra chromosome affects a child’s physical and mental development. Symptoms of Down syndrome can range from mild to severe, but most people with this syndrome have an I.Q. that falls somewhere in the mild to moderate range of mental retardation. This means they may have developmental delays when walking, talking, and acquiring other skills. In addition, babies born with Down syndrome may have the following health conditions, according to the National Institutes of Health: − Congenital heart disease − Hearing problems − Intestinal problems, such as blocked small bowel or esophagus − Celiac disease − Eye problems, such as cataracts − Dementia similar to Alzheimer’s − Thyroid dysfunctions − Skeletal problems Today there are many prenatal tests that screen for Down syndrome, including the alpha-fetoprotein test, a noninvasive blood test; the nuchal translucency screening test, an ultrasound; amniocentesis; and chorionic villus sampling (CVS). While the risk for Down syndrome is higher in women over 35, the American College of Obstetrics and Gynecology (ACOG) now recommends that all pregnant women be offered the chance to screen for Down syndrome, regardless of age. Down Syndrome and Wrongful Birth Cases If you were not informed of your child’s Down syndrome 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 them 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 Down syndrome, 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.