How Medical Mistakes can Leave Your Child with Down Syndrome

October is Down Syndrome Awareness Month. Down syndrome is the leading cause of cognitive delay, and children born with Down syndrome are at high risk for serious health problems and may be born with heart defects that will require surgery in early infancy. The life expectancy of a person with Down syndrome has increased from 25 in 1983 to 60, because many of the medical problems associated with Down syndrome are now treatable. Each child is affected differently, and not all cases are severe, but all children born with Down syndrome require extra care.

Medical Mistakes

Today we have good tests to detect Down syndrome in fetuses so that parents have a choice as to whether to carry the baby to term. A large percentage of parents, some say as high as 90%, choose to abort. One reason parents make that decision is because they do not have the massive resources necessary to provide the medical care, special education, and other special care that is required to give a child with Down syndrome with quality of life.

There are numerous medical mistakes that can result in expecting parents not being informed that their child will have Down syndrome, including:

  • Failure to offer genetic screening
  • Failure to warn high risk parents of risk and advise them of the availability of testing
  • Diagnostic mistakes
  • Failure to inform parents of test results
  • Improper dating of pregnancy

Getting Help for Your Child

Taking care of a child with Down syndrome is very expensive. Very few families can afford it on their own. If medical error prevented you from knowing that your baby had Down syndrome within the time frame that would allow you to legally terminate the pregnancy, you may be able to recover compensation through a wrongful birth lawsuit.

Pursuing a wrongful birth claim can feel all wrong to parents, but it is important that you understand that it does not bring into question your love for your child. It can provide the funds that you need to give your child the very best medical care, opportunities, and the highest possible quality of life.

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