Birth defects are conditions present at birth that can cause various physical, developmental, or emotional challenges. These conditions can stem from genetic factors or environmental exposures, or sometimes they are unexplained. For families affected by these conditions, the road ahead includes medical appointments, emotional stress, and financial burdens. In some instances, these defects might be affected by medical malpractice or negligence, providing a legal avenue for families to recover compensation.
This compensation is crucial as it helps cover medical expenses and ongoing care to meets the child’s future needs.
Parents and guardians in New Jersey dealing with the impact of a birth defect in their child’s life should be aware of their legal options. O’Connor, Parsons, Lane & Noble, LLC, has a long history of representing families in these situations. Our firm’s approach is rooted in a deep understanding of the complexities of birth defect litigation, paired with a compassionate understanding of the family’s journey. Contact a New Jersey birth defect attorney on our team to discuss your rights and remedies.
Common Types of Birth Defects
When it comes to congenital disabilities, the impact on a child’s life can vary significantly depending on the type and severity of the condition. Below, we outline some of the most common types of birth defects, categorized by the area of the body they affect.
Heart Defects
A ventricular septal defect (VSD) is a condition in which a hole in the wall separating the two lower chambers of the heart exists. The size of the hole can vary, and larger defects potentially require surgery to prevent complications like heart failure or delayed growth.
Tetralogy of Fallot (TOF) is a complex congenital heart defect that involves four different heart malformations. This condition affects blood flow through the heart and requires surgical correction to improve oxygenation and overall heart function. VSD is one of the four defects that make up TOF.
Neural Tube Defects
Neural tube defects occur when the neural tube doesn’t close correctly during a woman’s pregnancy. Spina bifida and anencephaly are the most common conditions arising from neural tube defects.
Spina bifida is a neural tube defect where the spine does not close completely around the spinal cord. It can lead to varying degrees of disability, depending on the severity and location of the defect along the spine. In some cases, children may require surgical interventions shortly after birth, along with ongoing medical care and physical therapy.
Anencephaly is a severe and often fatal condition in which a baby is born without parts of the brain and skull. This condition can usually be detected during pregnancy through routine screening. Unfortunately, babies born with anencephaly typically do not survive for long after birth.
Craniofacial Defects
Craniofacial abnormalities result from a fetus’s skull or facial bones fusing too soon or in an abnormal manner.
Cleft lip and cleft palate occur when the tissue that forms the lip or the roof of the mouth does not close properly during fetal development. These defects can cause difficulties with feeding, speaking, and ear infections. Corrective surgery, typically performed in stages, can significantly improve function and appearance.
Musculoskeletal Defects
Clubfoot is one of the most common defects affecting the musculoskeletal system. In this condition, a baby’s foot is twisted out of shape or position. While mild cases may be treated with physical therapy, more severe cases often require surgical intervention to correct the deformity and improve the child’s mobility.
Limb reduction defects occur when a part of the arm or leg does not form completely. These defects can range from missing fingers to the absence of an entire limb. Treatment may involve the use of prosthetics and physical therapy to help the child adapt and improve functionality.
Chromosomal and Genetic Defects
Down syndrome, also known as Trisomy 21, is the most common chromosomal defect. It occurs when a child has an extra copy of chromosome 21. This condition leads to developmental delays, intellectual disability, and characteristic physical features. Early intervention and supportive therapies can significantly enhance the quality of life for individuals with Down syndrome.
Cystic fibrosis is a genetic disorder that affects the respiratory and digestive systems. It is caused by a mutation in the CFTR gene, which regulates water and salt movement in and out of cells. This mutation produces thick, sticky mucus that can clog the airways and obstruct the pancreas.
Sickle cell anemia is a hereditary blood disorder caused by a mutation in the gene that instructs the body to produce hemoglobin, the protein in red blood cells that carries oxygen. This mutation leads to the formation of abnormal, rigid, sickle-shaped red blood cells, which can block blood flow and cause pain, organ damage, and increased risk of infection.
Tay-Sachs disease is a rare genetic disorder that progressively destroys nerve cells in the spinal cord and brain. It is caused by a mutation in the HEXA gene, which accumulates a fatty substance in the nerve cells, resulting in severe neurological impairment.
When Can You File a Claim for Medical Malpractice or Negligence in a Birth Defect Case?
While congenital abnormalities can arise from various causes, there are certain circumstances where parents may have a legal claim for negligence. It’s important to understand that these claims are not limited to instances of medical malpractice; other factors, such as dangerous drugs or toxic exposures, can also play a significant role. Below, we outline three scenarios where a birth defect may be linked to negligence.
Medical Negligence
Medical negligence occurs when healthcare providers fail to meet the accepted standard of care during pregnancy, potentially leading to a birth defect. It could involve:
- Mismanagement of prenatal care,
- Failure to diagnose a condition that could have been treated or prevented, or
- Inadequate monitoring.
If medical professionals’ actions or omissions directly contributed to a birth defect, the family might have grounds for a legal claim.
In some cases, parents may pursue a claim for wrongful birth. This type of claim arises when medical professionals fail to inform parents of significant risks or genetic disorders that could affect their unborn child. Had the parents been adequately informed, they might have chosen to avoid or terminate the pregnancy. Wrongful birth claims typically involve allegations that healthcare providers did not adequately perform genetic testing, failed to interpret the results correctly, or did not communicate the potential for severe genetic disorders.
Dangerous Medications
Certain prescription medications, if taken during pregnancy, can increase the risk of congenital disabilities. Pharmaceutical companies are required to disclose the potential dangers of their drugs, especially for pregnant women. However, if a healthcare provider prescribes a medication known to be high-risk without properly informing the patient or exploring safer alternatives, this could be considered negligence. Families affected by birth defects linked to dangerous drugs may have a valid claim against the prescribing physician, the pharmaceutical company, or both.
Toxic Exposure
Exposure to harmful environmental substances, such as industrial chemicals, pesticides, or contaminated water, can also result in birth defects. If a pregnant woman is unknowingly exposed to toxic materials at her workplace, home, or in the environment, and this exposure leads to a birth defect, there may be grounds for a legal claim. Parents can hold companies or entities responsible for maintaining safe environments liable for failing to protect individuals from such dangers.
Understanding the cause of a birth defect is crucial for determining whether negligence played a role. If you believe your child’s congenital disability may be linked to medical malpractice, dangerous drugs, or toxic exposure, consulting with a New Jersey birth defect attorney can help.
Legal Help for Birth Defect Cases
Handling a birth defect lawsuit involves several steps, and our New Jersey birth defect lawyers focus on making each one count for our clients.
Case Evaluation: Getting to the Facts
We start by digging into the medical records and the situation around the birth defect. This stage includes:
- Gathering and examining all medical documents,
- Talking with medical experts to understand the medical details, and
- Looking at how the birth defect affects the child and family’s life.
We aim to determine if there was a failure to meet the standard care, which is crucial for building a negligence claim.
Legal Strategy: Planning the Right Move
Next, we put together a plan based on the specifics of your case and what you want to achieve. This plan is our roadmap through the legal system, focusing on the following:
- Choosing the strongest arguments and evidence,
- Deciding the best place to file the lawsuit, and
- Preparing for settlement talks or court.
A New Jersey birth defect lawyer on our team will work with you to determine the best strategy.
Litigation: Fighting for Your Family
In court or negotiations, we stand up for your family’s rights, working hard to get a result that meets your child’s immediate and future needs. This phase is about:
- Making a solid case in negotiations or at trial,
- Dealing with the other side and insurers to get a fair settlement, and
- Going to trial if needed to make sure your family’s case is heard and achieve justice.
At every step, O’Connor, Parsons, Lane & Noble is committed to guiding our clients clearly and effectively. We make sure families are well-informed and actively involved in their case. Our approach is all about clear communication and fighting for the best outcome for those hit by birth defects due to medical mistakes or negligence. With our team on your side, you have a powerful ally in seeking justice and compensation.
Achieving Just Compensation
The goal of legal action in birth defect cases is to secure fair compensation that reflects the full scope of the child’s needs, which may include:
- Medical expenses and ongoing care costs,
- Specialized therapy and rehabilitation services, and
- Educational and adaptive equipment needs.
We boast a record of significant achievements in this area, including the largest birth injury verdict in New Jersey.
Dealing with birth defects is an arduous journey for any family, filled with challenges and uncertainties. At O’Connor, Parsons, Lane & Noble, we are dedicated to providing the legal experience and support needed to navigate these difficult times. Our commitment to our clients in New Jersey is unwavering, focusing on securing the compensation and justice they rightfully deserve. If your child has suffered a birth defect and you suspect medical malpractice or negligence, our team is here to offer the guidance and representation you need.
Has Your Family Suffered the Tragedy of a Birth Defect?
The dedicated legal team at O’Connor, Parsons, Lane & Noble can help you determine if your child’s condition may be the result of medical malpractice or negligence. Our New Jersey birth injury lawyers have decades of combined experience helping families pursue fair compensation. We also offer free consultations to all prospective clients and will only bill you for our services if we can connect your family with the compensation you deserve. Call O’Connor, Parsons, Lane & Noble to learn more and schedule a free consultation today. You can also connect with us through our secure online contact form.