Common Birth Defects Missed Due To Medical Negligence

A key part of prenatal care for pregnant women is genetic and prenatal screening to determine the chances of the baby being born with a congenital anomaly, also called a birth defect. While the causes of common birth defects vary (genetic or environmental), prenatal screening enables medical professionals to spot detectable conditions early on, giving parents a chance to make informed decisions about the pregnancy.

These screenings, run at set times during pregnancy, look for specific structural or functional abnormalities present before birth, in the womb. These fetal defects may be caused by exposure to drugs or radiation, hereditary diseases, genetic mutations, or problems in fetal development. These are not birth injuries that happen during labor and delivery (more on those below). However, birth defects that go undetected and birth injuries that result from medical negligence both open the door to legal action.

 Understanding Birth Defects and Medical Negligence

Mistakes made during screenings that are meant to identify birth defects are examples of medical negligence. From failing to perform proper screenings to reading test results incorrectly, errors that constitute medical negligence may lead to the child being born with birth defects.

Typical pregnancy screenings start with a genetic risk assessment based on parental family histories to spot hereditary conditions. Where appropriate, specific testing is undertaken and referral to a genetic counselor is in order. However, certain screening should be undertaken in all pregnancies to properly advise expecting parents of any need for further testing and any increased risks, while others for increased risk scenarios.

Tests performed at specific intervals during a pregnancy are:

• Quad screen test analyzes the mother’s blood for markers tied to genetic issues (like trisomy or spina bifida).
• An ultrasound that measures fluid at the fetus’s neck will reveal signs of Trisomy 21(Down Syndrome).
• Non-invasive prenatal testing (NIPT) checks fetal DNA in the mother’s blood for chromosomal problems.
• Detailed ultrasound with a fetal anatomic survey (FAS) of the baby’s brain, heart, kidneys, spine, and bones to spot structural defects in the heart or brain and measure certain bones to confirm gestational age; this is compared to the expected date of confinement (the due date) to determine if growth issues exist
• Chorionic villus sampling (CVS) of the placenta to check for chromosomal issues.
• Amniocentesis analyzes fetal chromosomes in amniotic fluid.

If any screening flags a problem, more tests are needed. But here’s the catch—not all genetic mutations show up on these tests.

Types of Birth Defects Linked to Medical Diagnostic Errors

Birth defects linked to medical errors happen because there was a deviation from the standard of care or lack of testing or monitoring during pregnancy and delivery. These birth defects include Down syndrome (trisomy 21) congenital heart defects, spina bifida, cleft lip and palate, anencephaly, congenital hip dysplasia, muscular dystrophy, clubfoot, tibial aplasia, Tay-Sachs, Turner Syndrome, Canavan’s, Thalassemia and cystic fibrosis.

Not every birth defect can be caught during pregnancy or fixed in time. But when a defect could have been discovered and wasn’t—either because it was missed or warning signs were ignored—it can lead to legal claims about medical negligence.

How Medical Negligence Occurs During Pregnancy and Delivery

Medical negligence during pregnancy and delivery typically stems from the medical professional’s failure to screen and monitor mother and fetus, improper use of medical instruments, inadequate management of maternal health complications, neglecting to perform medically necessary interventions, or excessive force or improper maneuvers during delivery.

Examples of medical negligence during pregnancy are if the doctor doesn’t take a proper family history, conditions like sickle cell anemia, spinal muscular dystrophy, or Huntington’s disease (which can’t always be tested for) might slip by unnoticed; or first- and second-trimester screening tests are not ordered, or the results are misread. When these avoidable mistakes happen and a birth defect goes unrecognized, parents can sue if they would have chosen to end the pregnancy had they known about the condition and what it meant for their child’s future.

Examples of medical negligence during childbirth are failure to recognize signs of fetal or maternal distress, incorrectly delivering a fetus that presents as a breech birth, improper use of forceps or vacuum, or neglecting to perform an emergency C-section. These instances of medical negligence often result in birth injuries; you can see a list of common birth injuries due to medical negligence here.

Long-Term Consequences of Birth Injuries

Birth injuries can have lifelong and often devastating consequences for affected children and their families. While some birth injuries are mild conditions that resolve with time, others are severe disabilities that require extensive, ongoing, lifelong care.

Common long-term consequences include developmental delays, cognitive impairments, and physical disabilities. Babies may have issues with bone growth or limb length discrepancies, decreased muscle strength or range of motion, poor balance and coordination, or brain damage and spinal cord injuries. Serious conditions often necessitate specialized therapies, medical interventions, and educational support, significantly impacting the child’s and family’s quality of life.

The financial impact on families is significant, given the costs of long-term medical care, medical equipment, therapies, and other resources. When medical professionals fail to uphold their standard of care, leaving families to cope with catastrophic long-term consequences of avoidable birth injuries, legal recourse may be sought.

Legal Rights for Families Affected by Medical Negligence

Families affected by medical negligence that resulted in birth injuries or overlooked birth defects have legal rights under medical malpractice law. These medical malpractice claims focus on holding the medical professionals accountable and seeking financial compensation for damages. Parents might also file what is known as a wrongful birth claim, while the child could have what is called a wrongful life claim.

The medical malpractice suits are filed against the healthcare providers who breached the standard of care that would have detected a birth defect in utero or led to a birth injury. Families can recover economic damages to cover out-of-pocket medical, equipment, and rehabilitation expenses as well as lost wages for parents who must stop or curtail employment to care for their child. Non-economic damages are for emotional distress, pain and suffering, and loss of quality of life.

Steps to Take if You Suspect Medical Negligence
Parents who suspect medical negligence should seek legal counsel promptly from a medical malpractice law firm that handles birth injury and birth defect cases. In New Jersey, the statute of limitations for filing malpractice lawsuits is by the child’s 13^th birthday for injuries at birth and age 20 for those that are not at birth.

Depending on the situation, parents might file a wrongful birth claim, while the child could have a wrongful life claim. If the baby died during or prior to childbirth due to medical error, the family may be able to file an emotional distress and/or wrongful death lawsuit.