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.
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 [...]
10 Ways to Prevent Catastrophic Injuries
USE THESE PRECAUTIONS TO AVOID TRAGIC ACCIDENTS You’re walking down the street and an out of control car comes up onto the sidewalk and hits you. There is nothing you can do to prevent this, but there are many times where an accident could have been avoided, or the injuries could have been much less severe. Here’s 10 ways to protect yourself and your family from catastrophic injuries. 1-- Seat Belts Always use the best safety devices and make sure you are using them properly. The Center for Disease Control (CDC) statistics show that seat belts reduce serious crash-related injuries and deaths by about half. Young adults and men are less likely to wear seatbelts that older adults and women. Failing to wear seatbelts is a leading cause of traumatically amputated limbs. You owe it to your family members to make sure that they use seatbelts, don’t worry about being called a nag! Any accident lawyer can tell you how much less severe the injuries are when occupants are wearing a seatbelt. 2-- Shoulder Harnesses Try to avoid traveling in [...]
Five Stages of a Personal Injury Case
When somebody suffers an injury because of the intentional, reckless or negligence action of another person, this can give rise to a personal injury case. There are many different types of personal injury cases such as: Traffic Accidents Slip and Fall Medical Malpractice Product Liability Dog Bites Civil Rights If you have a personal injury case that’s being handled by an attorney, it’s a good idea to know the five stages civil litigation that applies to personal injury cases. If you have a Queens, Manhattan, Staten Island, Bronx or Brooklyn personal injury attorney, they will also know the specific rules that apply to these New York City jurisdictions. Smaller cases with less serious injuries are usually settled in earliest stages, with bigger cases with catastrophic injuries more likely to go to trial. Overall, 99% of all personal injury cases are settled before trial. Treatment and Investigation During this stage the client is getting treatment for their injuries, and the attorney is collecting and assessing the reports from the doctors. There is also an investigation into the facts surrounding the case, [...]
3 Red Flags That Can Lead to Construction Accidents
As a construction site manager, you realize that managing your project well is at the top of your to-do list. It is your job to oversee the project from start to finish, and to make sure that all phases of the undertaking are done without a hitch. That alone is challenging enough, but it takes some real skill to manage the project well and keep everyone safe at the same time. Luckily, making sure that every aspect of the construction site is a well-oiled machine is easier to do the more experience you have attained. One of the things that you realize will be an asset for you would be a full understanding of how to prevent construction accidents from occurring in the first place. One way to understand would be to realize what red flags are present that can increase the chances of a construction accident. Consider addressing these issues as a way to keep your job site as safe as possible. Lack of Appropriate Training Appropriate training is of paramount importance for any type of tool or equipment [...]