The failure to diagnose a birth defect occurs when an OBGYN or health care provider does not meet the expected standard of care in terms of detecting, identifying and diagnosing a potential birth defect or congenital abnormality in an infant. If a doctor should have made an earlier diagnosis but did not due to negligence, the family may have grounds for a medical malpractice lawsuit in Minneapolis.
What Is a Birth Defect?
A birth defect is a medical problem or condition that a child develops in utero, meaning while the infant is still developing in the womb. It could be an inherited (genetic) disorder or the result of an external influence, such as something the mother was exposed to. Examples of birth defects include physical deformities, spina bifida, cleft palate, Down syndrome, cerebral palsy and hydrocephaly.
When Can Someone Be Held Liable for Failure to Diagnose Birth Defects?
The proper way to handle a pregnancy is for an OBGYN to sufficiently monitor maternal health and the development of the fetus. A variety of screening tests should be offered to mothers throughout pregnancy. Physicians have a professional duty to conduct certain tests to screen for and diagnose birth defects in a timely manner.
A doctor’s duty of care to diagnose a birth defect may involve:
- Reviewing the parents’ medical history
- Screenings
- Blood tests
- Maternal serum screens
- Ultrasounds
- Anomaly ultrasounds
- Detecting prenatal conditions
- Advising parents against certain risks
If there are known risks involving birth defects – even prior to conception – a doctor has a responsibility to inform the parents of this possibility. If a birth defect develops, it should be detected in a timely manner and reported to the parents. They should be made aware of the nature of the birth defect, what it could mean for the child and any options that may be available.
Types of Lawsuits Filed for Failure to Diagnose Birth Defects
In a case where a child has a birth defect, the parents may have multiple options for filing a lawsuit. The family may be eligible for financial compensation for their own losses and/or losses suffered by the child, now and in the future.
Types of birth defect lawsuits include:
- If the parents claim they would not have elected to carry out the pregnancy to term had they known about the birth defect earlier, this is known as a wrongful birth claim.
- If the claim is that the parents were good candidates for pre-screening for certain defects and genetic disorders but these tests were not offered or carried out, it is a wrongful pregnancy claim.
- If a birth defect led to a more complicated delivery and the child sustained an injury due to medical negligence, this is a birth injury claim.
Most birth injury and birth defect lawsuits in Minnesota come with a time limit of four years from the date of the act of malpractice. Taking prompt legal action is best, as important evidence may not be available or as reliable over time.
Should I Contact a Birth Injury Attorney in Minnesota?
Discovering that your child has a birth defect is never easy. If you suspect that a physician was negligent in relation to your child’s birth defect or your pregnancy and delivery, it is critical to speak with an experienced birth injury lawyer near you about a potential legal claim. Filing against the correct party/ies with help from an attorney could deliver the justice, accountability and financial compensation your family needs during this difficult time.