WRONGFUL BIRTH RESULTING IN SPINA BIFIDA
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
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 Spina Bifida?
Spina bifida is the most common neural tube defect in the United States, affecting 1,500 to 2,000 babies out of the four million born in the United States every year, according to the National Institutes of Health. Babies born with spina bifida can have symptoms ranging from mild to severe. At its most severe, the spinal cord is exposed through the opening in the spine and the result is paralysis. Other symptoms of the more severe type of spina bifida include problems with feeding, swallowing, and breathing; excess fluid on the brain (resulting in damaging pressure on the brain); and a risk of developmental delays. There are several screening tests for spina bifida, including the alpha-fetoprotein screening test (a blood test) and amniocentesis. Spina Bifida and Wrongful Birth Cases If you were not informed of your child’s spina bifida 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, a disease that requires round-the-clock care. 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 spina bifida, 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.