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.
What is a Personal Injury Case?
A personal injury case is a claim or lawsuit for damages caused by the negligent, reckless or intentional actions of another person or organization. Most people are familiar with the typical cases for traffic accidents and slip and falls, but there are many other types of cases that a personal injury attorney in NYC can help you with. If you suspect that the harm you’ve suffered was caused by somebody else, it never hurts to have a consultation with a personal injury lawyer to find out if you might be entitled to compensation. Traffic Accidents When you are a driver, passenger or pedestrian that is injured in a car accident, you can make a claim against all responsible parties for pain and suffering, lost future earnings and other damages sustained in the accident. In New York your medical bills, lost earnings and “out-of-pocket” expenses are usually paid by “no-fault” insurance. If you were working at the time, these benefits are usually paid by workers compensation. In New York, you must have a “serious permanent” injury in order to start a [...]
Contingency Fee Lawyer – No Fee Unless We Win
New York law allows attorneys to retain clients on a contingency fee retainer for many types of cases. The law specifies the fees that can be charged for different types of contingency cases, and how the disbursements, liens and other financial aspects of a contingency fee retainer must be handled. This arrangement allows people that cannot afford a lawyer to have access to representation for many types of civil claims including car accidents, slip and falls, dog bites, assaults, medical malpractice, construction accidents, discrimination, nursing home abuse and neglect and many other types of civil claims. The contingency fee attorney is taking a financial risk with these cases, and will only accept cases that are likely winners. Contingency Fee and Pro-Bono Lawyer are Very Different Things A pro-bono attorney is an attorney that is not being paid by a client. This does not necessarily mean that the attorney is not being paid. The attorney may be an employee of a not for profit organization that provides legal services such as Legal Aid or the NYC Department of Human Rights. [...]
Is it Too Late to Start an Accident Case?
Statutes of Limitations in New York Time limits for bringing lawsuits are called “Statutes of Limitations.” They specify the time period for starting a lawsuit. They are intended to allow a reasonable amount of time to start actions. Once this time period expires, a lawsuit can usually not be filed. There are some exceptions that will allow cases to be filed after the time period expires, but it most instances the claims would be barred. If a case is against a government entity, there are often “notice of claim” requirements that can be as short as ninety days! That’s why it’s important to speak an experienced personal injury attorney as soon as possible if you believe you may have been injured due to negligence. So, if you are wondering, "Is it Too Late to Start an Accident Case,?" please read on to learn the time limits for many types of cases in New York. Claims Against New York City Have Short Time Limits The time limits for accident cases differ from State to State, from City to City, from Town [...]
3 Types of Electrical Hazards and How to Prevent Them
There is no question that hundreds of millions of people the world over have come to rely on the modern convenience of electricity. Indeed, the whole reason I am able to write about this subject is because of electricity. However, with every benefit, there is a downside. There are a number of electrical hazards you should be aware of. Knowing how to prevent them is one of the best steps you can take to keep you and your family and friends and employees as safe as possible. Keep these potential red flags in mind. Electric Fires Electrical fires are those that are caused by electrical difficulties, such as sparks or a short circuit. There are some common red flags to look out for. Be on the lookout for cords that are worn and frayed. Be aware that you should never cut out the prong from a three-pronged cord to make it fit into a two-pronged outlet. Avoid overloading circuits, and refrain from running extension cords under carpets. Arc Flash Arc flashes are a nasty electrical anomaly that can cause a [...]
I Signed a Liability Waiver, Can I Still Sue?
Most Liability Waivers are Not Enforceable in New York Companies are increasingly requiring waivers for participating in many events and recreational activities. They are intended to protect businesses from lawsuits, and act as psychological deterrents as people often assume that they cannot sue for their injuries because they signed a waiver. If you’ve been seriously injured, an experienced New York personal injury lawyer might be able to help you make a claim, even though you signed a waiver! In fact, New York law generally holds waivers of liability for negligence unenforceable. So if you are wondering, "I signed a liability waiver, can I still sue,?" the answer, mostly likely, is yes! What is a Liability Waiver? The Merriam-Webster Dictionary defines waiver as “the act of intentionally relinquishing or abandoning a known right, claim, or privilege.” This implies that you know what you are giving up and make an informed choice to do so. Service providers often write these liability waivers to discourage all claims for negligence for all types of injuries, even catastrophic injuries. This is the typical language used [...]
Head to the Emergency Room After a Traffic Accident!
Despite increases in safety of motor vehicles, people are injured in traffic accidents every day. Airbags and other safety devices will help minimize the extent of injuries in many cases, but will not prevent them completely. Airbags can also cause injuries of their own, such as severe burns. Seatbelts can sometimes cause internal injuries in the upper body. If you’ve been involved in a serious traffic accident, you should head to the emergency room. Your vehicle and your other responsibilities can wait; you must ensure that your health comes first. Internal Injuries, Concussions and Fractures Require Immediate Attention Any Queens, Bronx, Staten Island, Manhattan or Brooklyn traffic accident attorney can tell horror stories of people that didn’t realize the full extent of their injuries and skipped going to the emergency room after an accident. Internal injuries are often asymptomatic, especially injuries from seatbelts that constrict the chest area during an accident. The headache that seemed mild right after the concussion could be the sign of a serious concussion or brain damage. The aching foot that is “probably just sprained,” could [...]