Birth defects are structural or functional abnormalities that present at birth or shortly after birth and may result in various degrees of physical and/or mental disability. A large number have no clear-cut cause, but it is believed to be due to complex interactions between genetic, environmental, or chromosomal factors.
Caring for a child with a birth defect can be draining emotionally, physically, and financially, as well as cause significant strain on the family unit. That is why it is even more distressing to discover that your child’s condition is due to medical malpractice and possible negligence on the part of the doctor or medical staff.
Types of Birth-Related Medical Malpractice or Negligence Which May Lead to Birth Defects
Injury to the Infant During Delivery
Childbirth can be a traumatic experience for both the mother and infant. That is why medical staff must remain especially vigilant to ensure that they reduce the chance of harm occurring to the mother or infant during the delivery process.
As the legal guardian of the child, you have the right to seek compensation in the form of general and special damages if you believe the doctor’s negligence or malpractice led to a permanent injury or birth defect during delivery.
Birth Defects Due to Wrongful Birth
In this situation, the legal guardian of the child is claiming damages due to the failure of the doctor to warn them of their child’s impending birth defect. It is based on the assumption that if they had been forewarned they would have terminated the pregnancy or have avoided pregnancy altogether.
There are two ways to lay this claim in court. The first claim is that the doctor or medical staff negligently failed to perform genetic testing before the birth of the child. The second claim states that the doctor or medical staff failed to detect any mental or physical impairments in the early stages of the pregnancy.
Birth Defects Due to Wrongful Pregnancy
A wrongful pregnancy claim states that the parents tried to avoid pregnancy, maybe via sterilization, contraception, abortion, and so on, but this failed due to the negligence of the doctor or medical staff.
In this situation, the parents are not just suing for the damages the doctor’s negligence caused on the health of their child, but also for the parent’s pain and suffering due to the unwanted pregnancy.
Contact an Experienced Medical Malpractice About Your Birth Defect Claim in New Jersey
Do you have a birth defect claim due to medical malpractice and negligence in the State of New Jersey? Caring for a child with a birth defect can be a significant emotional, physical, and financial burden on the parents and other family members. That is why you must speak with a qualified medical malpractice attorney about your case. The lawyers at Andres & Berger, P.C. represent clients who have filed medical malpractice and negligence claims in the State of New Jersey. We represent clients in Haddonfield, Camden, Cherry Hill, Haddon Heights, and surrounding towns. Call us at (856) 795-1444 or fill out our confidential online contact form on our website to schedule a consultation about your case. Our office is located at 264 Kings Highway East, Haddonfield, NJ 08033.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.