Filing A Birth Defect Claim When A Child Is Born With Down Syndrome

Parents put a great deal of trust and confidence into the hands of the healthcare workers in charge of their care during pregnancy and birth. For this reason, someone has to be held accountable when families discover that their physician may have been negligent in their efforts. 

One such incidence is when a physician fails to diagnose Down syndrome before birth. A child born with Down syndrome is not a hardship, but it is a scenario in which parents deserved to be forewarned so that they could plan accordingly. If your family faces this type of scenario, learn how you can move forward.

Wrongful Diagnosis Claim

Generally, within the first trimester, a mother is given a blood or nuchal translucency test, and in the second trimester, more screening follows to identify the presence of Down syndrome. 

It is the responsibility of the healthcare professional to review all these records and use other health data to determine whether or not this defect is present. When a provider fails to complete this step properly, they are typically thought to be guilty of a wrongful diagnosis, and a family can move forward with their claim.

Proving the Claim

If you file a claim for a birth defect that your child was born with, it is your duty to prove what you claim. Often, the most straightforward way to go about this goal is to provide your medical records as evidence. Within the records, the court can examine what tests were performed, as well as the results provided, to locate any inconsistencies. 

If you have an attorney, he or she can have another healthcare provider to review the records to locate this information. An attorney can also help review your pre-existing risk factors to determine if the provider overlooked these risks while assessing the chance of your child being born with this defect. Wherever the fault rests, an attorney will help you discover it.

Compensation Guidelines

Compensation in a birth defect claim can look different from person to person. However, there are some common compensation standards. First, you can claim compensation to help cover the cost of any additional medical care or treatment expenses that your family has incurred as a result of your child's condition.

Second, families sometimes also have the opportunity to file a claim for pain and suffering. Again, every child is a bundle of joy, but for some families, having a child born with a condition does bring about additional anxiety and worry, as well as medical costs for proper care. Families may be compensated for these hardships.

An attorney is here to help your family navigate this unique situation with compassion and success in mind. Be sure to reach out to a birth defect attorney for assistance.