GENETIC TESTING MALPRACTICE2019-01-20T15:10:36+00:00

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.

How To Choose The Best Queens Accident Attorney

When you’re injured in an accident that’s caused by somebody else’s negligence, recklessness or intentional act, you may be entitled to money damages. The first step is to ascertain whether the act or omission that you believe caused the accident meets the legal standard for liability. If it does, the case is only worth pursuing if there is insurance or substantial assets to collect against. Once this is established, the evidence must be presented in the best light in order to collect the largest possible amount of compensation. Handling an accident case yourself doesn’t make sense because the best Queens accident attorneys work on a contingency fee, so it costs nothing to obtain representation . Wittenstein & Wittenstein, the Queens car accident lawyers that have been helping injured people for more than sixty years - we’ll patiently answer all of your questions, determine whether you have a case and help you collect the largest amount of compensation possible under the circumstances. Call 718-261-8114 for a free consultation. Queens Accident Attorney - Determining Liability If you’re waiting at a red [...]

How To Find The Best Forest Hills Personal Injury Attorney?

If you’ve been injured in an accident, it’s important to get legal advice quickly so that evidence can be preserved and deadlines are met. That said, rushing into signing on the dotted line with somebody that hands you a card as you’re getting into an ambulance isn’t the right way to do it. When you choose the best Forest Hills personal injury lawyer that’s been serving the community for over sixty years, you’ll get great service and great results. Call Wittenstein & Wittenstein for a free consultation at 718-261-8114 and get your case off to a great start. Best Forest Hills Personal Injury Lawyer There are many attorneys that have offices in Forest Hills that claim to be experts in personal injury law, but if you look closely you’ll see that they’ve only been practicing personal injury law for a short time. When you hire a new or inexperienced firm, you are not likely to get superior results and you may even suffer the frustration of working with a firm that shuts down. That’s why it’s important to choose the [...]

Auto Accidents Cause Most Head Injuries

According to Johns Hopkins Medicine, more head injuries are caused by motor vehicle accidents than by any other type of trauma. They are also the most common cause of disability and death for adults in the United States. All head injuries must be taken seriously because symptoms of traumatic brain injuries (TMI) are not always clear and delays in treatment can result in a death that might have been prevented. That’s why Alyce Wittenstein, the best Queens Brain Injury Attorney, recommends always going straight to the emergency room by ambulance if you sustain even the slightest trauma to your head in an auto accident. What Types of Motor Vehicle Accidents Cause TMIs Any type of trauma to the head must be taken seriously, but there are some types of accidents and behaviors that are more likely to result in a TMI such as: Motorcycle Accidents cause the lion’s share of TMIs, even when both the driver and the passenger are wearing helmets. Pedestrians are completely unprotected when they are hit by motor vehicles. Head on Collisions cause severe TMIs [...]

Compensation For Injured Construction Workers

Construction work is the world’s most dangerous profession, with thousands of workers suffering severe and fatal injuries each year. According to the Occupational Safety and Health Administration (OSHA,) close to one in five workplace deaths are in the construction industry. Unfortunately, injured workers, and the families of workers that are killed on the job, rarely collect what they’re entitled because of laws that restrict lawsuits against employers. The only way to collect a large amount of compensation is to hire a NYC construction accident lawyer that knows how to make claims under exceptions to the workers compensation law, under labor law and against third parties that were responsible for the accident. What Causes Construction Accidents? The primary objective of a construction company is to bring their job in on time and on budget. This often means cutting corners on expensive and time-consuming worker safety measures that increase the volume and severity of construction worker injuries and fatalities. These are some of the common types of construction accidents that sit on the desk of a New York City catastrophic injury lawyer: [...]

Free Consultation: What to Expect from the Attorney

Some attorneys offer free consultations to new clients as a way to expand their clients base and to assess whether their firm and the client are a good fit. They are also a great way for clients to begin to understand the legal issues that apply to their matter. To get the most out of a free consultation with a NYC construction accident lawyer, or a Queens, Brooklyn, Manhattan, Staten Island or Bronx car accident attorney, it’s important to create a list of questions and to bring all of the paperwork you have about legal matters at hand. Expect Detailed and Useful Information If you’re consulting with a NYC construction accident lawyer, you should expect to receive detailed and useful information about workers compensation, labor law, litigation and claim settlement. The attorney should be able to tell you whether your claim is limited to collecting workers compensation or there are additional claims against third parties, under labor law or due to an exception to workers compensation as an exclusive remedy. For car accidents, you should expect your Queens, Bronx, Staten [...]

Distracted Driving Main Cause of Car Accidents in NYC

In NYC, passenger cars and pedestrians compete with Amazon, Freshdirect, Ubers, Lyfts, black cars, yellow taxis and green taxis for their patch of roadway that’s not taken over by a bicycle lane. The background noise of blaring radios, jackhammers and construction doesn’t let you think and the flashing storefront lights cloud your vision. That’s why the best accident attorney in Queens always advises clients to drive defensively. Types of Distracted Driving If you ask a New York City catastrophic injury attorney about what you should do to stay safe, they’ll remind you to slow down and pay more careful attention when driving in bad weather or in crowded urban environments. These are the most common types of driver distractions which are even more hazardous in a crowded city: Hand Held Devices: Texting, gaming and usage of handheld devices is unlawful in NYC. Grooming: Combing your hair, applying make-up, putting on jewelry and other grooming activities should not be done while driving. Entertainment: Listening to loud music, finding radio stations, putting in CD’s and DVD’s are dangerous while driving. Operating [...]