Misread Genetic Testing

All parents want their children to lead healthy lives. As genetic testing becomes more prevalent, doctors and patients can often collect information about possible genetic conditions that can help parents make decisions about the future. If your doctor misread genetic testing results, and you had a child with a birth defect, you can discuss your situation with a Baltimore birth injury attorney who can advise you on your legal options. At Arfaa Law Group, we have the experience and legal knowledge to navigate the most complex medical malpractice cases. We understand how to gather evidence to build a strong wrongful birth case and can retain persuasive experts on your behalf.

Parents typically undergo genetic testing if they have concerns that their child might be born with certain genetic problems. For example, if one or both parents have a hereditary medical problem, or if they have had another child with a genetic defect, this may prompt testing. In other cases, parents may simply undergo genetic testing to make sure that there is not a birth defect, even if there is no history of a defect.

When a doctor misreads the results of genetic tests, a child may be born with a serious genetic health condition, such as sickle cell disease, Down syndrome, tay-sachs disease, alpha and beta thalassemia, an intellectual disability, or a number of other conditions. When a child is born with a genetic condition that was revealed through genetic testing but was not properly diagnosed or communicated by a doctor, the parents may be able to file a medical malpractice claim against the at-fault doctor. This is because misread genetic test results can lead to parents conceiving a child whom they would have chosen otherwise not to conceive. As a result, a failure to screen birth defects can form the basis of a medical malpractice claim.

The process of proving negligence is at the center of a medical malpractice case. Negligence, in the context of medical malpractice, occurs when a health care provider fails to use the level of care that a reasonably prudent health care provider would have used in the same or similar circumstances. For example, the conduct of an OBGYN who misread genetic test results would be compared to the conduct of another OBGYN to determine what a reasonably prudent OBGYN would have done in the same situation. In Maryland, the level of care that is appropriate will vary from case to case and will depend on a variety of factors, including the patient’s age, the patient’s medical history, and the medical condition that was being treated at the time.

Like most states, Maryland requires that a medical expert sign off on any malpractice claim. Under state law, medical malpractice lawyers are required to file a qualified expert’s statement that the defendant doctor’s care violated the appropriate level of care and directly caused the plaintiff’s injury. The qualified expert is typically in the same specialty as the defendant in the medical malpractice case. It is important to note that this document is required to explicitly state the name of the physician who allegedly failed to communicate the birth defect to the parents.

If your doctor gave you misinformation because they misread genetic test results, and you had a child with a birth defect, you may have legal options. At Arfaa Law Group, our diligent Baltimore attorneys can look into the facts of your case and provide you with an honest assessment of your claim. Genetic testing malpractice cases can be extremely complex, but having the right lawyer on your side can make all of the difference to the outcome. We represent people throughout the State of Maryland. To learn more about how our malpractice attorneys can help you, call 410-889-1850 or contact us online to set up a free consultation.