The New Jersey prenatal screening medical malpractice lawyers at Simonson Goodman Platzer PC have decades of experience In helping families of children born with severe congenital or genetic conditions.
New Jersey has a special name for a parent’s claim that the negligence of a doctor or other health care provider deprived them of their right to terminate the pregnancy rather than give birth to a severely affected infant- Wrongful Birth. The law in New Jersey recognizes that a parent has the absolute right to be informed of any discoverable condition that may lead to a fatal or disabling outcome and to be advised in time to make an informed choice whether or not to continue the pregnancy.
The lawsuits in the area of negligent prenatal screening often stem from a failure to order a standard blood test or a failure to properly interpret or act on the results. With ultrasound becoming standard of care treatment in early pregnancy, some cases occur because a radiologist was negligent in reading the ultrasound. Other cases arise when an obstetrician is negligent in failing to order an ultrasound or failing to follow-up when the ultrasound is suspicious or even clearly abnormal.
Blood tests are used to identify whether a pregnancy is at higher than average risk for a wide variety of serious birth defects. Blood testing for defects is called Carrier Screening, meaning that the test is trying to determine if the parents are carriers of recessive genes that can cause inherited disease. When woman are properly screened, the tests can reveal the presence of Down Syndrome, which occurs in about one in every eight hundred births; Trisomy 18, which causes severe mental disability and other defects and which occurs in about one in every six- thousand births; and Neural Tube defects, such as Spina Bifida, which occurs in about one in every thousand births. Screening can also be done for Cystic Fibrosis, Sickle Cell, Thalassemia, and Tay-Sachs.
Ultrasound screening, which has become routine in recent years, can be used to survey for a wide range of serious developmental defects in a baby’s brain, heart, and abdomen. If a potential problem is recognized, a “targeted” follow-up ultrasound can be ordered. Ultrasound can also be used to screen for Down Syndrome by looking for the presence of a thickened nuchal fold.
If you think you might have a case, don’t delay in contacting the New Jersey Prenatal Screening Medical Malpractice Lawyers at Simonson Goodman Platzer PC. Time matters, because New Jersey has strict time limits in place that can prevent even a good case from going forward. Ideally, you should start your lawsuit within two years of the birth in order to recover money damages for emotional suffering. The law is a little more generous with the timeframe for the child to sue for the extraordinary expenses related to his/her condition, but in any case, don’t delay.
Simonson Goodman Platzer PC have successfully represented individuals in many thousands of medical malpractice cases over decades. Call 1.800.405.7783 today to talk to an experienced medical malpractice attorney.