GENETIC TESTING MALPRACTICE
PRENATAL SCREENING
Prenatal screening for genetic disorders has become a mainstream part of obstetric practice. These screenings will show parents whether they have an increased risk of having a fetus that might be affected by a genetic disorder. It is sometimes recommended that parents that are at high risk of having a baby with a genetic disorder due to both parents being carriers, choose not to conceive together, and to consider using a donor if they wish to have children.
PRENATAL TESTING
Prenatal testing during pregnancy is designed to actually test the fetus to see there is a genetic disorder present. Unfortunately, the testing is not 100% accurate and there are many false negatives and false positives that occur, leaving parents with difficult decisions. A false negative could result in a baby being born with a genetic disorder, and a false negative could cause the termination of a healthy fetus. This leaves parents with difficult decisions, and has given rise to a large number of lawsuits for wrongful abortion and wrongful birth.
AMNIOCENTESIS
Amniocentesis is the most accurate test, and is recommended for women over the age of 35. Testing can be done early, if requested, and if there is a family history of genetic disorders. It is usually performed between 14 and 20 weeks, and involves taking a sample of the amniotic fluid through a needle. This test is more accurate than others, but still has some percentage of false positives and negatives.
NEGLIGENCE
In addition to the flaws inherent to testing that if performed properly, there is sometimes negligence in the testing process. There is an expectation that genetic testing will be done properly, that the correct tests will be given, that the laboratory will perform the tests properly and that the doctors will interpret the results correctly. This is when families that that suffered with a wrongful birth should contact an experienced genetic malpractice attorney.
These are some situations from recent cases where the expectation of proper testing was not correct:
- Failure to offer genetic counseling to a family
- Failure to provide appropriate prenatal testing
- Errors by the laboratory
- Doctors did not accurately interpret results
- Medical professional failing to carry out orders
FAILURE TO OFFER GENETIC COUNSELING
Some younger mothers may decide to have testing based on their family history, and to test early in the pregnancy. Those decisions should be made with the benefit of genetic counseling. If no testing is done, and a baby is born with a genetic disorder, the failure of the medical office to recommend it, will present serious liability. Genetic counseling is a very important part of the process as informed consent must be obtained for the decision to either terminate or continue a pregnancy in light of the information that the testing provides. Parents must be counseled about the impact of a genetic disorder on a person’s health, and also about the statistics of false positives and negatives. Failure to offer this counseling leaves the medical profesionals vulnerable to a lawsuit, should the decision that was made by the parents, turn out to be a bad one.
FAILURE TO PROVIDE APPROPRIATE GENETIC TESTING
Testing must be offered to all mothers based on the results of their genetic counseling, their health history and their age. Failure to arrange for this testing, should a baby be born with a genetic disorder, would clearly be malpractice. The testing must also be appropriate, if a mother that is under 35 is given an amniocentesis that causes a spontaneous abortion with a good reason for having the testing done, the doctor can be liable for this inappropriate testing.
ERRORS AT THE LABORATORY
Human error can play a part in any disaster, and errors at laboratories are common. Sometimes the wrong sample is tested or the beaker is contaminated. These mistakes can cause false positives or negatives regarding the health of a fetus. When this happens the laboratory is obviously liable, but the doctors can also be responsible if they based their decision solely on the testing, and did not apply common sense that might be needed, such as checking the patient’s history.
DOCTORS DID NOT CORRECTLY INTERPRET THE RESULTS
Test results must be interpreted by a doctor, and sometimes they are not interpreted correctly. It could be that the results were written on the wrong patient’s chart or that the doctor was not familiar enough with the testing and the disorders. This gives rise to liability should a decision be made to terminate a pregnancy or a pregnancy continues with an unexpected result.
WRONGFUL ABORTION
An evolving area of the law surrounds cases where negligence is alleged that caused them to terminate a pregnancy with a health fetus. This loss of a fetus can be actionable where the decision was based the wrong information. These cases often turn on the psychological and emotional harm that the family feels when they find out that they have terminated a healthy pregnancy.
WRONGFUL BIRTH
These sad cases are for children who were born with devastating diseases that could have been diagnosed with genetic testing very early in the pregnancy. The quality of life for these children can be close to non-existent, and the parents must suffer through this anguish and experience economic loss due to the astronomical cost of caring for these severely disabled children. We understand that this is a serious issue, and that not all parents might elect to end a pregnancy no matter the testing results are, but parents should be given the option of testing, and the testing should be done correctly to determine what genetic problems a fetus might have. Some genetic problems cause disabilities that might cause a child to have a disability such as Down’s Syndrome or Dwarfism that might make their lives more difficult, but with proper support, well worth living. There are other genetic problems that are so devastating that there is virtually no quality of life. That’s when you might consider bringing an action for wrongful birth with a genetic malpractice attorney. If your family is living with the aftermath of wrongful birth, you owe it to yourselves to contact a genetic medical malpractice attorney for a consultation.
How to Choose the Best Malpractice Attorney
Medical Malpractice cases can only be handled properly by attorneys with specific experience in this area of the law. This is usually a personal injury attorney who has devoted a substantial portion of their practice to medical malpractice cases for many years. Medical malpractice cases always require litigation, they can’t be settled quickly like many car accident and slip and fall cases are. When a medical malpractice attorney accepts a case, they know that they are agreeing to a substantial amount of work over several years and also to a substantial investment in capital to prosecute the case. A qualified Queens Medical Malpractice attorney is always happy to explain their ability and experience. Medical Malpractice cases are usually handled on a contingency fee. This means that the client does not make a financial investment in the case, and the attorney is taking on the risk, only charging the client if they are successful. This is also why clients get frustrated calling every attorney with a listing, hoping that they will take on their case. This is a waste of time. [...]
Did My Doctor Fail to Diagnose My Condition?
FAILURE TO DIAGNOSE If you are wondering, "Did my doctor fail to diagnose my condition," causing the condition to worsen, leaving me in a much worse position than if it had been diagnosed in a timely manner? Sometimes failing to diagnose a condition can lead to serious medical problems and even death. A doctor is responsible for identifying symptoms and conditions. If a doctor sees symptoms, but cannot diagnose them, he should refer the patient to a specialist that can. Doctors should take into account the medical history of the person, as increased risk for certain diseases is an important part of the diagnostic process. The diagnostic process should be in four steps: Gathering a list of symptoms and possible causes Prioritizing the list Ruling out or treating causes Begin with most urgent, and work down the list Failing to diagnose may not just be the fault of the doctor. Laboratories and other medical professionals may not have been doing their job properly, causing or contributing to the problem. the most common type of action for "failure to diagnose" is cancer, [...]
Do I Need a Pediatric Malpractice Attorney?
Pediatric Malpractice Attorneys specialize is handling cases for children that are victims of medical malpractice. It is a sub-specialty for the types of medical treatment that children receive, and the types of problems that tend to occur. Of course, just like with medical treatment, a generalist malpractice attorney can handle many of these cases, but it is usually better to go with a lawyer that is more knowledgeable about this particular area. A really good malpractice lawyer will know everything about the medical procedures for the case, almost as much as a doctor! Did you know that it could be malpractice for some orthopedists to treat children with broken bones? That's because children have growth plates which an orthopedist that treats adults may not have enough experience with. A good orthopedist will refer the child to a pediatric orthopedist. So the same goes with the attorney, who is familiar with adult orthopedic malpractice, but might not be aware of the details of growth plates and what might constitute malpractice by an orthopedist treating a child. Let's review the sub-specialties, starting [...]
Psychological Injuries Lawsuits
Some psychological injuries are so severe that they can be as disabling as serious physical injuries. When a careless or reckless act caused intense trauma, special arrangements must be made when pursuing a lawsuit. This concept originated with “collaborative divorce,” where a psychologist becomes part of the team so that settlement discussions can stay on track. With lawsuits that involved extremely traumatic events, this formula can also be applied, and a lawsuit for psychological injuries can be brought. Of course, any accident is traumatic. Fearing for your life when you are hit by a car or slipping on water and breaking your leg are “traumatic events,”, but these accidents do not shatter the core of your being and cause you to think less of yourself. In the landmark case of “Brown vs. Board of Education,” school segregation was ended by the Supreme Court based on studies that showed that it was injurious to the self-esteem of African-American children, who believed that “white dolls” were prettier than “black dolls.” The entire decision was based on the concept that a law could [...]
WHAT TO EXPECT WHEN YOU CALL A MEDICAL MALPRACTICE ATTORNEY
DON'T HESITATE TO PICK UP THE PHONE AND CALL When somebody dies or is in terrible shape after a medical procedure, the family wants to do something to help. It is an excellent idea to call a medical malpractice lawyer whenever you suspect something might have been done wrong. An experienced attorney will be able to ask the right questions and give you some idea about the viability of the case right away. Unfortunately, some cases just can't be made, due to lack of evidence or lack of damages, but this doesn't mean there wasn't a mistake or harm done. Medical malpractice cases are extremely expensive to bring due to the exorbitant amounts of money that doctors charge to be expert witnesses against other doctors. You can sit and ponder this well into the night, or you can call an attorney and either gets things moving or, at very least, get some closure. THERE MUST BE ENOUGH DAMAGES FOR A MEDICAL MALPRACTICE ATTORNEY TO SUE FOR When I first started doing medical malpractice I got a call from a lady [...]
Looking To Hire A Queens Medical Malpractice Attorney? Important Things You Must Know!
Read This Before Hiring a Queens Medical Malpractice Lawyer Medical Malpractice cases are extremely complicated and require a large investment. This is not the type of matter that can be handled by a General Practice Law Firm, it requires the skills and resources of a specialist. There’s no such things as small malpractice claim, there must be a clear breach of standard medical practice AND substantial damages. You need the services of a well-established firm with the resources to invest in your case. Sadly, some firms will sign up a Medical Malpractice case and then drop it because they realize later that they do not have the resources to invest. Now you must be wondering how to find a great Queens Medical Malpractice Attorney? You can ask your friends for referrals, consult sites like Avvo to see which attorneys have the experience and personality that you would feel comfortable working with. Remember that not every NYC Personal Injury Lawyer or Queens Negligence Lawyer is a Medical Malpractice specialist. At your consultation, you should ask the following questions: How many [...]