Can you sue a medical professional for Down syndrome?

It may be possible for families to hold a healthcare practitioner liable for the unexpected birth of a baby with Down syndrome when that practitioner’s negligence resulted in a wrongful birth. Our Down syndrome attorneys in Haddonfield, NJ, help families establish all elements of liability, including the specific failures through which the medical provider prevented families from making informed decisions.

What types of negligence can constitute malpractice in a wrongful birth lawsuit arising out of Down syndrome?

Failures to conduct regular prenatal screenings and genetic testing as indicated and to advise expectant parents of Down syndrome risks and test results can expose a healthcare provider to liability for a wrongful birth claim. Examples of the types of negligence our New Jersey Down syndrome lawyers look for when reviewing cases include a lack of routine screening tests, a lack of action taken on the part of the provider when these screening tests indicate genetic issues, and failures to order or accurately interpret the results of more invasive genetic testing during pregnancy.

What are the benefits of filing a wrongful birth claim for families of a child born with Down syndrome?

The love you feel for your child doesn’t diminish the reality that being born with Down syndrome will cause them lifelong struggles. Through your wrongful birth claim against a healthcare provider, you can seek compensation for all of your child’s and your family’s losses. We help our clients pursue compensation for current and future medical and rehabilitation costs, as well as specialized childcare and education and any projected costs of future adult care or placement. We can also secure children who are born with birth defects compensation for non-economic losses such as permanent disability and pain and suffering.

Do families need a lawyer to hold a doctor accountable for a Down syndrome wrongful birth?

Birth injury claims and other types of medical malpractice cases are challenging as it is, but suing for birth defects like Down syndrome is particularly difficult. These complex claims require you to establish the duty of care the practitioner or facility owed to patients and the ways in which they failed to uphold that duty—specifically, by neglecting to provide appropriate prenatal screening and any indicated follow-up genetic testing or to advise parents of the risks and test results. Our Down syndrome attorneys in Haddonfield, NJ, have the skills and resources to analyze medical records, work with expert witnesses, and build the strongest possible claims on our clients’ behalf.

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New Jersey Down Syndrome Lawyers

Down Syndrome Attorneys in Haddonfield, NJ Providing Representation for Genetic Condition Cases in Camden County, Burlington County, Gloucester County, and Throughout South Jersey

Down syndrome impacts a child for a lifetime, affecting cognitive development, physical capabilities, and life expectancy. For numerous reasons, including the quality of life of the child and the family’s ability to afford specialized care required by the genetic condition, parents should be able to make informed decisions about their family’s future. When a healthcare provider’s negligence takes these decisions out of your family’s hands, our New Jersey Down syndrome lawyers can hold this practitioner legally and financially accountable for your child’s struggles.

At The Law Offices of Andres, Berger & Tran, we recognize that you can love a child born with Down syndrome—and fight for the best future for them—while still acknowledging that the challenges they face and their poor quality of life can constitute a wrongful birth under the law. We help families get the compensation their disabled children need to have the best life possible. Contact us today to get help at no upfront cost, starting with a free consultation.

Holding Negligent Doctors Accountable for Down Syndrome Wrongful Birth in New Jersey

Down syndrome is going to pose lifelong challenges for your child, but New Jersey law allows families to pursue financial compensation for losses like medical costs and special care and education when a healthcare provider’s negligence has played a role in the birth of a child with this genetic disorder. Our Down syndrome attorneys in Haddonfield, NJ, fight to get families the compensation they deserve.

Down syndrome is a type of genetic birth defect caused by having an extra copy of chromosome 21. Chromosomes carry genetic information that your body uses to develop and function. This extra chromosome impacts function, affecting physical development and cognitive development as well as contributing to medical problems. Down syndrome encompasses forms of the condition known as trisomy 21, mosaic Down syndrome, and translocation Down syndrome.

Some children born with Down syndrome can go on to have happy and healthy lives, as the Centers for Disease Control & Prevention reported. Factors like the severity of their impairments and the availability of and access to needed care and support impact the child’s prognosis for the future.

Wrongful birth claims arising out of the birth of a child with Down syndrome may involve significant delays in cognitive and physical development. These impairments that result directly from Down syndrome can also be compounded by related medical problems, such as congenital heart defects, hearing loss, eye diseases, and obstructive sleep apnea. As a result, being born with Down syndrome may negatively impact a child’s quality of life due to:

Significant intellectual disability
Difficulty walking
Difficulties with hearing and vision
The need to undergo surgeries and interventional procedures

People with Down syndrome may be able to live fulfilling lives, especially when their impairments are on the mild end of the spectrum and they receive the care and support they need to reach their full potential. This need for special care makes it particularly important that families recover all compensation available so they can ensure their child has access to the help and support that will provide them with the best quality of life possible.

Down Syndrome Screening and Wrongful Birth Claims

As a genetic condition, Down syndrome is not caused directly by a medical professional’s negligence. The malpractice for which our New Jersey Down syndrome lawyers pursue accountability has to do with failures involving genetic screening tests and communicating risks to expectant parents.

Prenatal genetic screening and testing can identify Down syndrome early on, allowing parents to make an informed decision about whether to continue the pregnancy or terminate it. For expectant parents planning to undergo in vitro fertilization, it’s even possible to conduct a preimplantation genetic diagnosis to assess Down syndrome risk before a fertilized embryo is transferred into the uterus.

Families facing the challenging decision of whether to move forward with a pregnancy when prenatal tests have detected Down syndrome often consider the quality of life that the child would be expected to have and the resources available to provide the care the child would need.

Types of malpractice in detecting Down syndrome that could give rise to birth defect claims include:

Failing to conduct appropriate screening tests during pregnancy, such as blood tests, ultrasound tests, integrated screening tests, and quad screen measures
Neglecting to advise parents of screening test results that could indicate Down syndrome and, as a result, to order more invasive prenatal testing through chorionic villus sampling (CVS), amniocentesis, and percutaneous umbilical blood sampling (PUBS)
Failing to properly read or interpret test results
Failing to advise parents of the risks of Down syndrome or other birth defects, as indicated by these results
Providing the wrong test results

A doctor or other healthcare professional might be liable for malpractice leading to wrongful birth. In this situation, the parents were denied the ability to make an informed decision about whether to continue the pregnancy, knowing that their child’s significant risk of serious birth defects would negatively impact them for a lifetime.

How The Law Offices of Andres, Berger & Tran Can Help

At The Law Offices of Andres, Berger & Tran, we recognize that seemingly small mistakes like failing to order prenatal screening, interpret test results, and inform parents of the risks can lead to major consequences for children born with genetic conditions. As experienced New Jersey Down syndrome lawyers, we hold doctors and medical facilities accountable for the harm their negligence causes.

We begin with a thorough analysis of the facts. A meticulous investigation allows us to establish all possible theories of negligence. We know how important maximum compensation is, so we work tirelessly to identify all possible losses, current and future, for which you can pursue compensation for your child through a claim.

Why Choose The Law Offices of Andres, Berger & Tran?

When you’re looking for New Jersey Down syndrome lawyers with the experience to make your case as successful as possible, turn to The Law Offices of Andres, Berger & Tran. Our team’s history of successful legal practice, commitment to making our clients heard, and offer of skilled legal services at no upfront cost ensures New Jersey families can get the help they deserve.

An Experienced Legal Team on Your Side

Our firm has served clients across New Jersey since 1997, and our attorneys have more than 70 years of combined experience in legal practice. By trusting us with your case, you gain the advantage of a full legal team that includes three accomplished attorneys as well as paralegals, nurses, and support staff.

A Commitment to Making You Feel Heard

At The Law Offices of Andres, Berger & Tran, we recognize that families of children with serious disabilities can often feel silenced or isolated, especially when a medical professional’s negligence contributed to the birth defect. We’re committed to giving you a voice and making you feel heard as we work to hold the negligent healthcare provider accountable.

Free Consultations and Contingency-Based Representation to Make Legal Help Affordable

The only way to know for sure whether you have the grounds for a successful claim against a healthcare provider is by having your situation reviewed by a knowledgeable attorney. To ensure all families impacted by birth defects have this opportunity, our firm provides free, no-obligation consultations and represents clients on a contingency basis. It costs you nothing to explore what legal options may be available to you and nothing upfront to move forward with a claim against a negligent doctor.

Contact the New Jersey Down Syndrome Lawyers at The Law Offices of Andres, Berger & Tran Today for a Free Case Review

You never wanted this life for your child. Now, your ability to give them the best possible future depends on the outcome of your legal case. You need strong legal counsel dedicated to getting your family maximum compensation.

For help from Down syndrome attorneys in Haddonfield, NJ, contact The Law Offices of Andres, Berger & Tran online or call 856-317-6558 today.

Frequently Asked Questions About Down Syndrome Birth Defect Claims in New Jersey

It may be possible for families to hold a healthcare practitioner liable for the unexpected birth of a baby with Down syndrome when that practitioner’s negligence resulted in a wrongful birth. Our Down syndrome attorneys in Haddonfield, NJ, help families establish all elements of liability, including the specific failures through which the medical provider prevented families from making informed decisions.
Failures to conduct regular prenatal screenings and genetic testing as indicated and to advise expectant parents of Down syndrome risks and test results can expose a healthcare provider to liability for a wrongful birth claim. Examples of the types of negligence our New Jersey Down syndrome lawyers look for when reviewing cases include a lack of routine screening tests, a lack of action taken on the part of the provider when these screening tests indicate genetic issues, and failures to order or accurately interpret the results of more invasive genetic testing during pregnancy.
The love you feel for your child doesn’t diminish the reality that being born with Down syndrome will cause them lifelong struggles. Through your wrongful birth claim against a healthcare provider, you can seek compensation for all of your child’s and your family’s losses. We help our clients pursue compensation for current and future medical and rehabilitation costs, as well as specialized childcare and education and any projected costs of future adult care or placement. We can also secure children who are born with birth defects compensation for non-economic losses such as permanent disability and pain and suffering.
Birth injury claims and other types of medical malpractice cases are challenging as it is, but suing for birth defects like Down syndrome is particularly difficult. These complex claims require you to establish the duty of care the practitioner or facility owed to patients and the ways in which they failed to uphold that duty—specifically, by neglecting to provide appropriate prenatal screening and any indicated follow-up genetic testing or to advise parents of the risks and test results. Our Down syndrome attorneys in Haddonfield, NJ, have the skills and resources to analyze medical records, work with expert witnesses, and build the strongest possible claims on our clients’ behalf.