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Family Files Prenatal Negligence Lawsuit For Failure To Diagnose Down Syndrome

ABC News reports that an Oregon couple is suing a large health care provider and health system due to the alleged failure of the doctor to diagnose their daughter with Down syndrome during prenatal screening. The child was born with the condition, and will require care for life.

According to reports, following genetic testing for the condition the parents decided to continue the pregnancy based on the doctors' reassurances.

While often-expectant parents await the arrival of their newborn with great excitement, they may also have great concern about the well being of their unborn child. Through genetic counseling and prenatal visits, parents can obtain a more complete and accurate understanding of their unborn child's condition and development, and gain peace of mind. However, if the health care medical professionals fails to diagnose or misdiagnose a serious health concern such as Down syndrome, the health of a child can be greatly compromised and families can endure long-term challenges.

If your child was born with a genetic disorder – including Down syndrome – that a medical professional should have identified, you may have a right to file a medical malpractice claim based on prenatal misdiagnosis. Legally referred to as "wrongful birth" or "wrongful life" cases, these matters center on the emotionally charged legal concept that parents have the right to know about any genetic disorders in their unborn children so that they have the choice to continue or terminate a pregnancy. The failure to provide parents this information accurately – such as in a misdiagnosis of Down Syndrome – may have a profound and lasting impact on a family's emotional and financial well being.

Different types of screening options exist to determine the likelihood a child will develop Down syndrome. These test including amniocentesis, chronic villus sampling and ultrasound combined with blood testing.

It is unknown what types of tests were used in this matter.

The parents are seeking damages in this prenatal negligence case of $7 million to cover rehabilitation and other costs associated with caring for their daughter.

For more information, please contact the compassionate San Francisco prenatal misdiagnosis attorneys at Bostwick & Peterson, LLP for an immediate, confidential consultation.