Obstetrical Negligence in Labor & Delivery
Delay in Diagnosis & Treatment of Sepsis
Prenatal Failure to Detect Muscular Dystrophy
Cerebral palsy birth injury
New Jersey medical malpractice lawyers at Weiss & Paarz have presented spina bifida prenatal misdiagnosis cases to juries, and have helped many families obtain the financial assistance needed to lessen or eliminate the financial burden caused by spina bifida and other birth defects and genetic disorders. They are committed to using their knowledge and experience to help families that have been negligently deprived of their constitutional right to choose whether to continue a pregnancy involving an affected fetus obtain fair compensation. Although based in New Jersey, the Spina Bifida attorneys at our firm affiliate with top-rated medical malpractice law firms nationwide in pursuing cases.
Neural tube defects are disorders involving incomplete development of the brain, spinal cord, and/or their protective coverings. Spina bifida is a neural tube defect caused by the failure of the fetal spine to close properly during the first month of pregnancy. Babies born with spina bifida sometimes have an open lesion on their spine where significant damage to the nerves and spinal cord has occurred. Although the spinal opening can be surgically repaired shortly after birth, the nerve damage is permanent, resulting in varying degrees of paralysis of the lower limbs, and difficulties with bowel and bladder function. Learning disabilities may also be involved.
The three most common types of spina bifida are: myelomeningocele, the severest form, in which the spinal cord and its protective covering (the meninges) protrude from an opening in the spine; meningocele, in which the spinal cord develops normally but the meninges protrude from a spinal opening; and occulta, the mildest form, in which one or more vertebrae are malformed and covered by a layer of skin.
Due to medical advances, it is often possible to discover during pregnancy whether or not the fetus is affected with spina bifida or other neural tube defects. This can allow parents the opportunity to choose whether or not to continue with the pregnancy.
By the end of a trial, regardless of the outcome, it feels good to know I’ve been in there fighting for someone who needed a strong advocate, typically someone who has suffered the death of a loved one, or a serious, permanent disability.
It is widely accepted throughout the United States that obstetricians must now offer or discuss the availability of certain prenatal screening tests for spina bifida and other neural tube defects with every pregnant patient, regardless of age or family history:
I had a change of heart in midcareer. I love to try cases and it was very satisfying to exonerate a physician I felt did nothing wrong. But a defense attorney typically must defend whatever cases a malpractice insurance company assigns, and I grew tired of having to defend medical care I personally didn’t believe in.
In order to recover, parents generally must prove that a medical provider’s negligence prevented them from learning that there was an increased risk that the fetus had a significant birth defect or genetic condition such as Spina bifida. They must also establish that they would likely have terminated the pregnancy had they been advised of the problem by a certain gestational age. In doing so, they are not in any way calling into question their love and devotion to their child – that relationship has already been established and will continue forever. Instead, they are merely acknowledging that if told of the defect or disease during the pregnancy, they would have likely chosen not to undertake the financial and emotional issues involved in parenting a child with a significant lifelong disability.
The New Jersey Supreme Court has held that if a prenatal misdiagnosis claim is established, the negligent medical provider must provide compensation for the extraordinary expenses related to the child’s condition over the child’s lifetime. In addition, compensation must be provided to the parents for any emotional injury experienced in parenting a child with special needs. Prenatal misdiagnosis claims – which are sometimes referred to as “wrongful birth” cases – are permitted to varying degrees in some states and are not allowed in other states. The law firm Weiss & Paarz is highly experienced in these specialized claims and works with top-rated medical malpractice law firms nationwide to pursue Spina Bifida misdiagnosis cases.
Prenatal misdiagnosis claims involving a child with spina bifida require a thorough investigation as to whether or not a medical provider was negligent. Mistakes in such cases include but are not limited to:
Unfortunately, children affected with spina bifida will typically require a lifetime of special needs. If your child has spina bifida, and you did not learn of this diagnosis in time to exercise a choice as to whether or not to continue the pregnancy, you may be entitled to compensation. Proceeding with a claim may be the only way to ensure your child has the financial resources to address any future needs.
If you would like to discuss the possibility of pursuing a claim, please contact the spina bifida and neural tube injury lawyers at Weiss & Paarz, P.C., today.
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