The plaintiffs’ Connecticut medical malpractice claim alleged that their second child was born with cystic fibrosis because the wife’s OB failed to provide genetic testing during their first pregnancy despite their request for testing. Their claim was recently settled for $2 million.
The plaintiffs alleged that when they had their first child in 2016, they requested that their OB perform all available genetic testing so that they could be informed about any risks of genetic issues concerning their baby, and because the mother was unaware of her medical history. She assumed that the genetic testing was properly done at that time. The plaintiffs alleged in their Connecticut medical malpractice claim that they were advised at twelve weeks of pregnancy that the mother’s blood work was normal. The plaintiffs gave birth in January 2017 to a healthy daughter.
The now 42-year-old mother and 47-year-old father then became pregnant with their second child. This pregnancy did not progress as smoothly as the first pregnancy. The mother suffered pregnancy complications such as preeclampsia and high blood pressure, and the baby was born prematurely, requiring treatment in the NICU for over one month. The standard newborn screening of the premature baby was positive for cystic fibrosis.
The plaintiffs’ Connecticut medical malpractice lawyers stated after the settlement was reached, “The Trotters returned to OB GYN Services to ask how their daughter could have been born with this disease when the Cystic Fibrosis test performed on Beth in 2016 had been negative. The doctor consulted the records and determined that the test had never been ordered by the practice and had never been performed, despite being requested by Beth and acknowledged by the physician she spoke with.” The settlement amount was the limits of the available medical malpractice insurance.
The mother added, “Unfortunately, it took away our ability to make an educated choice for ourselves, and I truly feel that women should have the choice to figure out what is best for them and their family. The money that we did get from the settlement could be life-changing for her. It could help her a lot with her care.”
The plaintiffs’ attorney cited the OB practice’s relatively new electronic medical records system as contributing to the failure of the OB to order the genetic testing requested by the plaintiffs: “We think the fact that the test was never ordered was overlooked due to the software issue.”
If you or your child may have been injured during pregnancy, labor, or delivery as a result of medical malpractice in Connecticut or in another U.S. state, you should promptly find a Connecticut medical malpractice lawyer, or a medical malpractice lawyer in your state, who may investigate your birth injury medical malpractice claim for you and represent you and/or your child in a birth injury medical malpractice case, if appropriate.
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