Birth defects come in many different forms. Here is an overview of some of the types of birth defects.
- Anencephaly—this birth defect occurs in about 3 out of 10,000 pregnancies in the United States. A child with anencephaly is born without parts of the brain and skull.
- Cleft Lip and Cleft Palate—cleft lip occurs when the facial tissue does not join completely during early development. Cleft lip occurs in approximately 4,440 babies. In cleft palate, the tissue of the roof of the mouth does not join together during development. Cleft palate occurs in about 2,650 babies.
- Congenital Heart Defects—this is the most common birth defect. Congenital heart defects affect the function and structure of the heart.
- Craniosynostosis—this birth defect is due to the bones in a baby’s skull joining together too early, usually before the brain is formed. As a baby’s brain begins to grow, the skull can become misshaped. Additionally, brain growth may be stunted. This defect affects 4 in 10,000 births.
- Down syndrome—this birth defect is due to an extra chromosome, chromosome 21. Down syndrome affects 1 in 700 babies.
- Spina Bifida—this neural tube defect affects the spine. The neural tube does not close or only partially closes; this may result in damage to the spinal cord and spinal nerves.
- Upper and Lower Limb Reduction Defects—this defect occurs when a part of the arm or leg fails to form during development. Approximately 1,500 babies will be born with upper limb reductions and about 750 will be born with lower limb reductions.
Other defects include malformation, deformation, and twin transfusion syndrome. All of these birth defects can potentially be misdiagnosed during pregnancy. There are approximately 4,000 different types of birth defects. Birth defects can be structural, metabolic, and chromosomal. It is important for these birth defects to be diagnosed early during the pregnancy. Some birth defects can be prevented through proper prenatal care—like taking folic acid. Other birth defects are products of other uncontrollable factors. For more information, consult with an accomplished attorney with expertise in birth defect injury lawsuits. One of our experienced lawyers at the top-rated Normandie Law Firm will be able to give you more details.
The Importance of Prenatal Screening
Approximately 1 in every 33 babies born in the United States has some sort of birth defect. Birth defects can be minor and require little to no medical intention. The more severe birth defects can require constant medical and surgical treatment. Raising a child can be a financially stressful situation. Raising a child with a birth defect might place an extra strain on parents.
Prenatal screening is designed to keep tabs on fetus health and development. Most prenatal screening occurs in the first two trimesters of pregnancy.
- First-trimester screening includes: ultrasounds for fetal nuchal translucency, or increased fluid or thickening in the fetal neck; blood tests check for levels of PAPP-A protein and hCG hormone. Any abnormal results in these tests should flag the doctor to order more testing.
- Second-trimester screening includes: blood work to check the levels of AFP protein, and levels of hCD, estriol, and inhibin hormones. Any abnormal results in these tests should also lead the doctor to perform more extensive tests.
Pre-natal testing is important in tracking fetal health. Missed pre-natal testing might result in a genetic birth defect going undetected until birth. Although it is the norm to check for birth defects, some results may not be accurate. In some cases, doctors may not even offer the tests. If you are pregnant, or recently gave birth to a child with a birth defect, you may be eligible to sue the doctor for missing the diagnosis of the birth defect. A missed diagnosis of a birth defect is a serious issue. Some parents may choose to terminate the pregnancy because they are not prepared to deal with raising a child with a birth defect. Or, parents may not be able to provide for the medical expenses associated with a birth defect and, therefore, not be able to provide the child with a good quality of life. A qualified lawyer with experience handling birth defect claims can help bring you a settlement in these instances.
Wrongful Birth
Parents may claim wrongful birth if they were not informed of their child’s condition before birth. Essentially, if the parents had been informed of the defect early in the pregnancy, they would have decided to terminate the pregnancy. Also, if parents underwent genetic testing before conception and received the wrong results, they have conceived a child with a defect. Both of these situations where the parent is not properly informed are a form of medical negligence. Additionally, the incorrect reading of prenatal tests can also be negligent.
Negligence occurred if:
- There was negligent genetic testing pre-conception. People who have a history of birth defects in their family may be interested in conducting genetic tests before they decide to conceive. The results of their genetic testing may be the determining factor of whether they decide to have children.
- Obstetrician failure to diagnose the birth defect resulted in the parents believing that they had a healthy pregnancy. A missed diagnosis of a birth defect can leave parents scrambling to find information about the birth defect after the child is born.
It is possible that parents may want to terminate the pregnancy or want to carry their child to term once they find out about any birth defects. However, OBGYNs have the responsibility to inform the parents so that they can make the decision themselves.
If your OBGYN did not inform you of a fetalx birth defect, you must contact a skilled attorney who has experience in birth defect cases. An expert wrongful birth attorney in Irvine will be able to help you start the process of filing a lawsuit.
Birth Injuries
Birth injuries are preventable injuries that may happen before or after delivery. Birth injuries are most common during delivery. A doctor may use birth-assisting tools like forceps or a vacuum to ease the delivery process. These instruments may cause permanent damage to the child. Birth injuries may also occur if a doctor fails to perform an emergency cesarean section if the baby is showing signs of distress. If this is your situation, an Irvine birth injury attorney will be able to help you.
File a Claim
In order to file a lawsuit for the failure to detect a birth defect, you must make a claim for medical malpractice. You must be able to prove negligence through these four elements:
- The health care provider had a duty to the patient—to monitor fetal health
- The duty was breached—by failing to accurately diagnose a birth defect
- The breach of duty directly caused harm—the child parents did not have the choice to continue or end the pregnancy
- The harm caused an injury—the child was born with a birth defect
The same elements apply to establishing negligence for a birth injury.
Normandie Law Firm
If you need a medical malpractice lawyer in Irvine, California, you must contact the top Normandie Law Firm as soon as possible. Birth-related malpractice is serious, and it can affect you and your child for the rest of your life. A lawyer experienced in pregnancy malpractice cases will help you sue the people responsible for your child’s defects.
FREE LEGAL CONSULTATION: Normandie Law Firm offers clients free consultations. You can talk to one of our attorneys with experience in birth defect cases in Irvine. Our attorneys will answer all of your questions and guide you in your lawsuit. We also offer clients free second opinions. If you have an attorney but are unsatisfied with the treatment you are receiving, feel free to come to Normandie. We give our clients a personalized treatment. We care about you and your situation, and we want to fight for your rights.
Normandie offers clients a Zero-Fee guarantee. We understand the toll that dealing with birth defects can take on your life. We do not want you to have to worry about paying any upfront fees. Our contingency-based structure means that you will not pay anything until our skilled lawyers win your case. Contact Normandie Law Firm now to speak with an experienced attorney.
OUR ATTORNEYS CAN HELP YOU FILE THE RIGHT LAWSUIT
Lawyer to Sue Doctor for Failing to Detect Birth Defects in Medical Malpractice Lawsuit
Statute of Limitations to File Lawsuit Against Prenatal Doctor for Failing to Detect Birth Defect
Attorney to Sue Doctor for Not Detecting Child’s Birth Defects
