Doctors and other medical professionals use genetic testing to identify the risks of birth defects. The tests give important information to prospective parents and help them to decide how they to plan and proceed with a pregnancy.
However, like all aspects of medicine, genetic testing is open to error. Medical professionals can cause great harm when they negligently:
If you are the parents of a child who was born with birth defects, you have the right to raise questions about how genetic testing was handled both before and during the mother’s pregnancy. You may be dealing with the consequences of negligent actions and decisions by medical professionals whom you trusted.
The experienced medical malpractice lawyers of Salvi, Schostok & Pritchard P.C. are available to review your case. We have an extensive background in cases which involve birth injuries and other complex issues. We can put that knowledge to work for you and help you to understand your legal rights and options.
We work with families in Chicago, Waukegan and throughout Illinois. Our consultations are always free and confidential. Contact us today to learn more.
Genetic testing malpractice cases are like other types of birth injury cases in many ways. You must:
However, these cases can also be highly unique and complex. For instance, you must show how tests could have been ordered, treatment plans undertaken and other steps pursued – including ending a pregnancy – if the genetic tests had been properly handled. You must also show the impact of the genetic testing error on you and your child’s life.
You should look for a lawyer to handle your genetic testing malpractice case who has:
It would benefit you to work with Salvi, Schostok & Pritchard P.C. We have experience with highly technical, challenging cases such as:
The case involved alleged obstetric and neonatal negligence that caused a child to suffer permanent brain damage and cerebral palsy. We filed the lawsuit under the Federal Tort Claims Act. After we secured a verdict in federal court, which was upheld on appeal, the defendant doctors agreed to a settlement.
The case involved a doctor’s alleged negligent use of a vacuum extractor during a child’s delivery. The child suffered severe brain injury, requiring lifetime care. The settlement is believed to be one of the largest of its kind in Illinois history.
The case involved an infant who was the victim of several medical errors during childbirth. The hospital admitted liability. The six-day trial focused on the child’s life expectancy and the future care the child would require.
We can meet with you at our offices in Chicago or Waukegan, or we can meet at a more convenient location for you and your family. We will go over the specific facts and issues in your case and discuss the steps we can take to pursue justice for you and your child.
A genetic test focuses on chromosomes, which are chemicals inside the nucleus of your body’s cells. Chromosomes carry genetic information. This information can reveal the risk of a child being born with a birth defect that is essentially inherited from one or both parents.
The two main categories of genetic testing are:
When genetic tests are performed before pregnancy, it can help a couple to decide whether to go forward with the pregnancy or, perhaps, to choose other options such as adopting a child or using donated sperm or an egg.
If the couple goes forward with the pregnancy, the tests can provide useful information to the doctor and/or midwife who is overseeing the pregnancy. For instance, the doctor may refer the couple to a genetic counselor and/or suggest additional screening or diagnostic tests.
In this sense, when medical professionals commit errors with genetic testing, it can prevent prospective parents from making informed choices about a pregnancy. The error can also have a cascading effect on the care and treatment provided throughout the pregnancy.
If you believe genetic testing malpractice led to these consequences in your case, you should meet with Salvi, Schostok & Pritchard P.C. without delay.
Genetic disorders are birth defects which are essentially passed on to a child by the parents. When properly ordered, performed and interpreted, genetic testing should provide a solid assessment of that risk.
The birth defects most commonly revealed through genetic testing include:
Depending on the type and severity of a genetic disorder, parents may lose a child or face a lifetime of obtaining specialized care for the child, which can be emotionally draining and financially burdensome.
A few years ago, medical researchers conducted an analysis of medical malpractice claims that involved genetic testing. The study found that doctors were found liable for failing to:
If genetic testing malpractice occurs, many parties may ultimately be responsible for the harm suffered by the child and parents, including the doctor, midwife, nurse and genetic counselor – as well as the hospital or clinic which employs them.
In some situations, a lab that conducts the actual genetic test may be liable for mistakes that prevent accurate and timely information from getting to a doctor and, in turn, the prospective parents.
Illinois courts have long recognized wrongful birth lawsuits. These cases arise when a doctor fails to warn expectant parents about fetal problems, including the risk of the child being born with a genetic disorder.
If parents establish the elements of a wrongful birth claim, the parents should be entitled to recover damages that include all medical expenses and other costs of caring for the child (as a minor and, in some cases, after the child turns age 18 and remains in the parents’ guardianship)
Parents may also assert a claim for their lost income and emotional distress.
When you contact Salvi, Schostok & Pritchad P.C. about your genetic testing malpractice case, we will fully assess your situation, explain your rights and options and answer any questions you may have. Additionally, we can:
We do not charge for our legal services unless we obtain a recovery for you.
The medical malpractice lawyers of Salvi, Schostok & Pritchard P.C. can provide the skilled and compassionate representation you deserve when dealing with the consequences of genetic testing disorders. You can count on us to use the full extent of our experience and resources to help you seek justice.
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