Wrongful Birth or Birth Defects Lawsuit

J.P. Gonzalez-Sirgo
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Founder of J.P. Gonzalez-Sirgo, P.A.

According to the March of Dimes, approximately 3 of 100 or 150,000 babies are born with birth defects each year in the United States.  Birth defects are caused by genetic, environmental and unknown factors.  Most birth defects develop during the first three months of pregnancy.   Babies with serious birth defects usually require a lifetime of expensive medical care including surgical procedures, medical treatments, therapy, counseling and other medical services. 

Many parents would have aborted or terminated their pregnancy if aware of their child's birth defects.  When prenatal healthcare providers fail to diagnose birth defects that are predictable through scientific and technological advances, they can be held negligent and liable under wrongful birth or birth defect claims. 

Examples of such failures include: 

  • Failure to inform parents of the risk of having a child with the birth defect or disability;
  • Failure to perform sterilization procedures correctly;
  • Failure to properly perform abortion procedure;
  • Failure to order genetic testing;
  • Failure to diagnose the results of genetic testing;
  • Failure to perform ultrasound testing;
  • Failure to diagnose or detect birth defects from ultrasound testing;
  • Failure to fully inform parents of test results indicating potential birth defects;
  • Failure to test mother for viruses that may harm fetus;
  • Failure to read tests results properly;
  • Failure to order and perform appropriate tests;
  • Failure to perform prenatal testing;
  • Failure to properly monitor fetus;
  • Failure to detect and inform parents of potential risks for birth defects;
  • Failure to perform genetic or blood testing on parents to screen for potential birth defect risks associated with conceiving a child;
  • Failure to offer or perform amniocentesis;
  • Failure to detect birth defects in amniocentesis test results;
  • Failure to fully inform parents of amniocentesis test results;
  • Failure to offer or perform chorionic villus sampling (CVS);
  • Failure to detect birth defects in chorionic villus sampling (CVS) test results;
  • Failure to fully inform parents of chorionic villus sampling (CVS) test results;

Negligent prenatal medical providers can include gynecologists, obstetricians, perinatologists, geneticists, ultrasound diagnostic centers and laboratories that perform blood, genetic and other birth defect testing.

There are more than 4,000 known birth defects ranging from minor to serious.  Birth defects are the leading cause of death in the first year of life and can include:

  • Achondroplasia
  • Albinism
  • Anencephaly
  • Arm and Leg Defects
  • Arnold-Chiari Malformation
  • Autoimmune Thyroiditis
  • Bladder and Bowel Defects
  • Brain Defects
  • CHARGE Syndrome
  • Chromosomal Abnormalities
  • Cleft Lip
  • Cleft Palate
  • Clubfoot and Other Deformities
  • Congenital Adrenal Hyperplasia (CAH)
  • Congenital Heart Defects
  • Congenital Hypothyroidism
  • Craniosynostosis
  • Cystic Fibrosis
  • Cytomegalovirus
  • Dandy Walker Malformation
  • DiGeorge Syndrome
  • Down Syndrome
  • Drug and Medication Birth Defects
  • Duchenne Muscular Dystrophy
  • Duncan Disease
  • Ehlers Danlos Syndrome
  • Environmental Birth Defects
  • Eye Defects
  • Fetal Alchohol Spectrum Disorder
  • Fragile X Syndrome
  • Galactosemia (G/G)
  • Gastrointestinal Defects
  • Genital and Urinary Tract Defects
  • Gorham's Disease
  • Hearing Impairments
  • Hypospadias
  • Hypotonia
  • Intestinal Defects
  • Klinefelter Syndrome
  • Klippel-Feil Syndrome
  • Marfan Syndrome
  • Mental Retardation
  • Musculoskeletal Defects
  • Muscular Dystrophy
  • Neurofibromatoses
  • Neural Tube Defects
  • Orofacial Clefts
  • Osteogenesis Imperfecta
  • Paralysis
  • Phenylketonuria (PKU)
  • Progeria
  • Rh Disease
  • Sexually Transmitted Infections in Mother
  • Sickle Cell Disease
  • Smith Lemli Opitz Syndrome
  • Spina Bifida
  • Spinal Cord Defects
  • Tay-Sachs Disease
  • Thalassemia
  • Tuner Syndrome
  • Other Birth Defects

Birth defects can also be caused by prescription drug use, such as Paxil, Crestore, Terbutaline, Lexaro, Lamictal, Cytotec, Soriatane and Accutane Exposure to chemicals and toxins like fungicides and pesticides can also cause birth defects.    

There are other areas of medical malpractice that revolves around the birth of a child.  These malpractice areas include birth injuries, fertility/reproduction treatment, wrongful birth or birth defects and premature birth/NICU malpractice.   

You can reach Personal Injury Lawyer J.P. Gonzalez-Sirgo by dialing his direct number at (786) 272-5841, calling the main office at (305) 461-1095, or Toll Free at 1 (866) 71-CLAIM or email Attorney Gonzalez-Sirgo directly at[email protected].

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