If your child was born with a birth defect that had not been previously diagnosed by a medical professional, you have the right to file a birth defect medical malpractice lawsuit. After reading this article, contact a skilled attorney with experience handling birth defect claims in Santa Ana to begin the lawsuit process. Our experienced lawyers at the top-rated Normandie Law Firm will be able to assist you.
Birth defects occur once in every thirty-three births. Considering that rate, birth defects are common. Birth defects otherwise referred to as congenital abnormalities or congenital anomalies, can range in severity from mild to very severe. Some birth defects will not require much medical attention and allow individuals to live seemingly normal lives. Other defects can require lifelong medical attention.
Below is a short list explaining some of the most common birth defects:
- Cleft palate and cleft lip—cleft palate and cleft lip develop separately but can appear together in a child. This conditions result from tissue not developing properly and failing to close. These conditions can be surgically repaired. Depending on the severity of the case, the child might need as little as one surgery or might need a series of reconstructive surgeries throughout his or her life. After the appropriate treatment, it is likely that the child will achieve normal appearance, speech, and the ability to eat.
- Down syndrome—Down syndrome is a chromosomal condition. It is characterized by a mild to moderate intellectual disability and distinct facial appearance. People with Down syndrome usually have other anomalies like heart and digestive abnormalities.
- Hemophilia—hemophilia is a condition that causes a reduced ability to form blood clots. This means that individuals with the condition can experience severe bleeding from the smallest of injuries. Hemophiliacs can experience bleeding within the joints that can result in chronic joint disease. Hemophiliacs can also experience bleeding in the brain. Bleeding in the brain can cause seizures and paralysis. If bleeding that cannot be stopped occurs in a vital organ, it is likely to cause death. With the proper treatment, individuals with hemophilia can achieve a good quality of life.
If your child were injured due to the negligence of a doctor, consult with an accomplished attorney with expertise in birth injury lawsuits.
Prenatal Screening
It is important for pregnant woman to undergo all the pregnancy screenings necessary to check their unborn child for a fetal birth defect. OBGYNs are responsible for offering these tests to pregnant women. They are also responsible for following up and performing more tests if any of the initial screenings demonstrate abnormal results. Prenatal screenings are optional. If your OBGYN offered prenatal screenings, but you denied, you cannot sue the doctor for missing the diagnosis of a birth defect.
The results of prenatal testing demonstrate levels of hormones and proteins in the placenta. As patients, we assume that our doctors have all the proper training necessary to properly inform the pregnant mother about the results of the tests. However, it is possible that the person responsible for delivering your test results might give you an incorrect reading of prenatal tests. Sometimes the office receptionist or nurse might be the one to give you the test results in person or over the phone. Even the doctor him or herself can make a mistake and give you an incorrect reading of your prenatal tests.
Missed prenatal testing is just as serious as receiving incorrect test results. When OBGYNs do not offer prenatal testing, they are demonstrating medical negligence. Doctors are responsible for ensuring that a woman’s pregnancy is healthy. The doctor might not have control about any environmental factors or lifestyle choices that can affect a pregnancy, but he or she does have control of what goes on during pregnancy check-ups. For example, the doctor can inform pregnant women about the benefits of taking folic acid supplements before and after pregnancy. The doctor cannot force women to take folic acid; but if he or she did not inform the pregnant woman about the risks of not taking folic acid during pregnancy, the doctor could be accused of negligence. Likewise, the doctor must offer the prenatal screening. Pregnant women can decline to submit themselves to prenatal screenings at their own risk; however, the doctor should not risk the possibility of being accused of negligence.
When prenatal tests are not offered or are incorrectly read, expecting parents lose the opportunity to make a decision about the pregnancy. Many couples with a history of genetic birth defects in their families might consider prenatal screening results to be the deciding factor in continuing or terminating the pregnancy. Parents who choose to terminate the pregnancy might not want to give birth to a child knowing that they cannot provide an acceptable quality of life. Parents who choose to continue the pregnancy might use the months left in the pregnancy to prepare of for the arrival of their special-needs child.
Prenatal screenings are essentially the difference between knowing and not knowing that your child has developed a birth defect. Not knowing about the existence of a birth defect is grounds for parents to talk to an expert lawyer experienced in birth injury cases in Santa Ana and begin the process of filing a wrongful birth lawsuit.
Wrongful Birth
Wrongful birth is exactly what it appears to be. In wrongful birth cases, parents claim that if they had known that their child would be born with a birth defect, they would not have continued with the pregnancy. The parents claim that the doctor’s missed the diagnosis of a birth defect. As a result, the child was born with a congenital abnormality that requires extensive medical attention.
Like previously mentioned, doctors have the responsibility to inform patients about any possible risks or complications present in pregnancies. Obstetrician failure to diagnose a birth defect prevents parents from having the information necessary to decide whether to terminate or continue a pregnancy.
Wrongful birth claims can result in monetary compensation for things related to the child’s birth defect. Parents might receive compensation for the constant medical treatment needed to maintain the child’s health or for the tuition to send the child to a special education school. It is also possible that the parents receive compensation for the mental and emotional distressed caused by their child’s birth defects.
If you believe you have a potential wrongful birth claim, contact a qualified attorney who has experience in wrongful birth cases as soon as possible.
Birth Injury
Birth injuries are different than birth defects. Birth injuries cannot be detected during prenatal screenings because they are usually caused during the delivery process. Additionally, birth injuries can be directly attributed to the negligence of your doctor. A common birth injury includes the doctor failing to recognize that the infant is distressed during delivery. A drop in his or her heart rate can signal the need to perform an emergency cesarean section to get the baby out as soon as possible. However, if doctors fail to recognize the distress, the infant may develop permanent brain damage because of the lack of oxygen. If your child’s condition was caused by a doctor’s negligent behavior during delivery, contact one of our attorneys with experience in wrongful birth cases in Santa Ana as soon as possible.
Statute of Limitations
You must talk to a Santa Ana birth defect malpractice attorney as soon as possible. The statute of limitations to file a claim for a missed birth defect diagnosis is either one year from discovery of the birth defect or three years from the defect’s development.
Normandie Law Firm
Finding out a child will live their life suffering from a birth defect can be a difficult time for parents. When you learn about these birth defects during the pregnancy, you might have time to process and accept the situation or decide to terminate the pregnancy. Whatever the case, you were aware of the defect, and you had the opportunity to make your own decision. Some parents never have the opportunity due to birth-related medical malpractice. If a doctor missed the diagnosis of a birth defect, you and your child have been victims of medical malpractice. You need to contact an experienced attorney in Santa Ana, California, as soon as possible.
Normandie Law Firm provides all clients with free consultations. We are committed to giving you the best information available relating to your case. With a free consultation, we would like to welcome you to our firm to ask any questions and clarify any doubts that you might be having. We also offer everyone free second opinions. If you already have a lawyer at another firm, you might be realizing that he or she does not have the time to see you and to talk about your case. Why would they not give you the time your case deserves? Some lawyers only focus on the number of cases they sign; they are not invested into your case and are only interested in quickly going through your case so that they can move on to the next case. At the top Normandie Law Firm, we always put the client first. We will give all the time and attention that you and your case require.
We understand the financial stress that caring for a child with special needs can cause. Our pregnancy malpractice lawyers are here to help you through this tough time. We offer our clients a Zero-Fee guarantee. You never have to worry about paying anything for our services. Do not worry about ever paying any upfront fees. Our firm is strictly contingency-based, so you will not have to pay anything unless our attorneys win your case.
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