Birth defects are becoming more and more common. About 1 in every 33 births in the United States will be a child with a birth defect—or congenital abnormality. There are over 4,000 types of birth defects. Some defects are visible via a child’s physical characteristics; other defects, however, can go undetected for some time. Likewise, some birth defects can be severe and require constant medical attention while other defects may never require medical intervention. It has become the norm to submit a pregnant woman to various prenatal examinations. Prenatal screening can identify about 800 child defects. Prenatal tests can identify chromosomal abnormalities, some physical defects, and some genetic conditions. Here is a quick list of some of the birth defects that sometimes go undiagnosed until after birth:
- Cleft palate and cleft lip
- Congenital heart defects
- Cystic fibrosis
- Deformation and malformation
- Down syndrome
- Fragile X syndrome
- Hemophilia
- Muscular dystrophy
- Stomach defects
- Thalassaemia
- Twin transfusion syndrome
If any of these injuries are brought on due to the negligent actions of a doctor, you may be able to file a lawsuit. An expert attorney with experience handling birth defect claims can assist you. Call the top-rated Normandie Law Firm today to speak with an accomplished attorney with expertise in birth defect injury lawsuits.
Importance of Prenatal Screening
Prenatal screenings start in the first trimester of pregnancy and run into the second trimester of the pregnancy. These screenings have become the norm in the United States. Prenatal screenings are designed to identify any possible abnormalities—of proteins and hormones—in the placenta. Prenatal screening allows parents to know what to expect in their child. Prenatal screening looks for proper growth along with proper levels of hCG, PAPP-A, AFP, estriol, and inhibin. If any of these levels are slightly abnormal, the doctors should begin conducting a series of other tests to establish a diagnosis. Missed prenatal testing can leave parents without any of this important information regarding their child’s health.
Missed Diagnosis and Incorrect Reading of Prenatal Tests
The results of prenatal tests can influence expecting parents’ decision regarding the pregnancy. Some parents have a history of birth defects in their family; they may not want their child to experience life with a birth defect and, therefore, choose to terminate the pregnancy. On the contrary, some parents may choose to continue with the pregnancy even after learning that their child will be born with a birth defect. A correct reading of prenatal screening allows parents to prepare to welcome their child into their home. Preparation might include speaking to experts on the condition, becoming familiarized with treatment options, and even getting specialized training to learn how to care for a child with that condition. If prenatal tests are incorrectly read, parents may not have the opportunity to make the decision to terminate the pregnancy or begin getting information regarding the child’s condition.
Missed diagnosis through prenatal testing offers similar complications to parents. Prenatal testing might show abnormal levels of hormones in the mother’s placenta. The doctor should order more thorough testing is done. However, the doctor may believe that the hormone levels are still within acceptable boundaries. If the doctor does not conduct further testing and the child is born with a birth defect, the doctor missed the diagnosis. An obstetrician failing to diagnose a birth defect can further affect the child’s health. Some conditions, like spina bifida, can be before the child is even born. If the fetal birth defect is spina bifida, fetal surgeons can open the uterus to access the fetus and close the opening in the baby’s back. This procedure improves mobility and increases the chances that a child will one day walk. A missed diagnosis of a birth defect—specifically of spina bifida—can result in delayed treatment and reduced possibility of future mobility.
The missed diagnosis of a birth defect will result in parent’s surprising discovery when the child is born. If your doctor missed the diagnosis of your child’s birth defect, you could sue the doctor. Contact a qualified lawyer experiened in pregnancy malpractice cases as soon as possible to sue the doctor for missing the diagnosis of the birth defect.
Your OBGYN
Obstetricians are responsible for keeping parents up to date with their unborn child’s health. OBGYN’s have the duty to do everything in their power to ensure that the child is healthy throughout the pregnancy. Of course, doctors are not responsible for birth defects developing in the womb. Birth defects are caused by genetics, lifestyle choices or behaviors, infections during pregnancy, and exposure to medications or chemicals.
Your OBGYN should help you monitor your baby’s health while still in the womb. Through prenatal screening, you should understand whether your child is developing correctly or whether a birth defect has presented itself. If your OBGYN does not offer prenatal screenings, he or she is breaching the duty to you and your unborn child. An experienced attorney can give you more information.
Birth Injury
Unlike birth defects, birth injuries can almost always be prevented. Additionally, birth injuries can be traced directly to a doctor’s negligent actions. The most common type of birth injury occurs during delivery. In a difficult delivery, the infant may become stuck. Doctor’s have birth-assisting tools, like forceps and a vacuum, to facilitate delivery. Although these tools are meant to facilitate delivery, they can be harmful to the child. Infants may experience broken bones and even lacerations in their scalp. Birth injuries can also be in the form of brain damage. During delivery, the child can become distressed—causing its heartbeat to drop dangerously low. If a doctor does not realize this drop in heart rate, the infant may acquire brain damage from the lack of oxygen. In these cases, the doctor must get the child out as soon as possible—to prevent injury. If your child was affected by a birth injury, contact a skilled attorney who has experience in birth injury cases in Modesto as soon as possible.
Wrongful Birth
Wrongful birth is the cause of action regarding birth defects for birth-related medical malpractice. What is wrongful birth? Wrongful birth is the legal cause of action in which parents of a child with a birth defect claim that their doctor did not warn them about the possibility of having a child with congenital abnormalities. For example, if the prenatal screening was abnormal but the parents were not informed or the doctor missed the diagnosis, the parents could sue the doctor for negligence.
If you believe you have a case for wrongful birth, you must contact one of our accomplished attorneys with experience in wrongful birth cases in Modesto as soon as possible. Failure to detect birth defects is a serious issue.
Normandie Law Firm
If your child was born with a genetic birth defect or any other type of defect, you may have the right to file a lawsuit. You should have been informed of your child’s condition as soon as doctors performed the screening tests. It is possible that your doctor did not offer to perform any prenatal screening, your doctor did perform the screening but did not correctly interpret the results, or your doctor did correctly interpret the results but you were not informed about the results. Whichever the case, there was medical negligence in part of the doctor. You need to contact a birth defect malpractice attorney as soon as possible and file a birth defect medical malpractice lawsuit. By failing to perform the correct prenatal screenings or failing to inform you of the results, the doctor breached their duty to ensure that you and your unborn child are taken care of.
Normandie Law Firm offers our clients completely free consultations. You may be unsure about whether you want to proceed against the doctor responsible. When you come in for a free consultation, our lawyers will explain the possible outcomes of your case. Aone of our experienced lawyers in Modesto will give you all the information you need to make your own decision about, filing a lawsuit or not. If you already have an attorney with another law firm, we offer you a completely free second opinion. We know that many attorneys are only interested in going through as many cases as possible. Because of this, they may not give your case the attention it needs. At Normandie Law Firm, our lawyers and our entire legal staff are committed to giving individual cases as much attention as necessary. We will never rush through your case to get to another case. We will take as much time as we need to make your case a successful lawsuit.
Normandie Law Firm, one of the top firs in the state, is 100% committed to our clients. We know and understand the strain that starting a lawsuit can put on a family. We know you may be going through mental, emotional, and financial struggles. We want to offer our clients peace of mind. How do we do that? We offer our clients a Zero-Fee guarantee. That means that you never have to worry about paying any upfront fees. Our law firm is strictly contingency-based, so you will not be expected to pay for our legal services until our medical malpractice lawyers in Modesto, California win your case.
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