When their baby was born with spina bifida, aka a congenital neural tube defect, the parents filed a medical malpractice and wrongful birth lawsuit stating that they had not been told about the purpose of a blood test, referred to as the Triple Marker Test or Alphafetoprotein test, offered to them during the pregnancy, which was to determine if the baby had spina bifida. As a consequence of not being told, the mother did not have the blood test, said the source.
The parents felt that by not being told about the reason for the blood test that they were denied the chance to make an informed decision about continuing the pregnancy or not. When their child was born with a defect, both were devastated and filed for economic and non-economic losses, along with a claim for wrongful life. This motion to hear the claim for wrongful life was precluded and only the parent’s claims were heard.
The jury trial found in favor of the plaintiff parents and awarded past and future economic damages totaling $5 million. Another $5 million was handed down in non-economic damages to the mother and a further $2 million to the father, reported the newspapers.
Medical malpractice cases in Nassau and Suffolk Counties involving a set of horrendous mistakes that result in a botched birth with the baby being born with a birth defect are tough and emotionally difficult cases. There is no question that plaintiffs in a situation like this need the experience and expertise of a knowledgeable expert.
When doctors are responsible for making sure their patients get the best of care and treatment, they need to live up to that responsibility and not let things fall through the cracks. Not providing vital information to a pregnant mother about a crucial test is not living up to the accepted standard of medical care. When in doubt about a birth injury your baby may have sustained, always seek experienced legal counsel to find out your rights.