New Jersey Down Syndrome Lawyer

Down Syndrome Attorneys

Down syndrome is a genetic condition that can significantly impact a child’s development and overall quality of life. While many families embrace the challenges that come with raising a child with Down syndrome, others may feel unprepared, particularly when they are not made aware of the diagnosis early on. This lack of information may lead to a variety of legal and medical issues, particularly when medical professionals fail to diagnose the condition before birth.

In New Jersey, parents in such situations may be able to pursue a wrongful birth lawsuit to seek compensation for the unexpected challenges they face. This is a lesser-realized cause of action that parents might not know exists without the right legal consultation. However, a successful lawsuit can give you financial support for your child and family’s future. It is always worth exploring your legal options to see if you can gain extra support from parties that did not meet the standard of care.

A New Jersey Down syndrome lawyer at Varcadipane & Pinnisi, P.C. can help you investigate your case to determine the appropriate legal avenues for seeking justice. We recommend getting in touch early to build your case and increase the chances of a successful legal recovery.

What Is Down Syndrome?

Down syndrome happens when someone has an extra copy of chromosome 21, making it a genetic condition. This condition, also known as Trisomy 21, leads to developmental delays, intellectual disabilities, and a range of physical characteristics.

The severity of Down syndrome varies among individuals, but it commonly results in certain physical features such as a flat facial profile, upward-slanting eyes, and a single deep crease across the center of the palm. Beyond these visible traits, Down syndrome can impact cognitive development and may lead to other health complications.

Though there is no cure for Down syndrome, early interventions such as physical therapy, speech therapy, and special education programs can help improve the quality of life for individuals with the condition. Advances in healthcare have also increased the life expectancy of those with Down syndrome to over 55 years of age compared to just 25 years early in the 1980s.

How Common Is Down Syndrome?

Down syndrome is the most common chromosomal condition in the United States. According to the Centers for Disease Control and Prevention (CDC), approximately one in 640 babies is born with Down syndrome, equating to about 5,700 cases each year.

The chances of having a baby with Down syndrome go up as the mother gets older. This is because older eggs carry a greater risk of undergoing incorrect chromosome division. For instance, women over the age of 35 have a significantly higher risk of one in 700 compared to one in 1,250 for a 25-year-old mother.

The National Down Syndrome Society (NDSS) also provides insight into Down syndrome statistics. Approximately 400,000 people in the U.S. are living with Down syndrome. The prevalence has remained steady over the years despite advances in prenatal screening.

What Conditions Arise Because of the Down Syndrome Condition?

Down syndrome is associated with a variety of health conditions that can impact a person’s quality of life. These conditions can range from mild to severe and often require lifelong management.

Common health complications associated with Down syndrome include the following:

• Congenital heart defects. Approximately 50% of babies with Down syndrome are born with congenital heart defects, which may require surgery or other medical interventions.
• Gastrointestinal issues. Many individuals with Down syndrome experience gastrointestinal problems, including blocked intestines, acid reflux, and celiac disease.
• Hearing and vision problems. Hearing loss is common among people with Down syndrome, often due to frequent ear infections or structural differences in the ear. Vision problems, such as cataracts and crossed eyes, are also prevalent.
• Thyroid disorders. Hypothyroidism, where the thyroid gland does not produce enough hormones, is common in people with Down syndrome and requires ongoing treatment.
• Sleep apnea. Due to structural differences in the airway, individuals with Down syndrome are at a higher risk for obstructive sleep apnea, which can affect sleep quality and overall health.
• Intellectual and developmental delays. Cognitive impairment is a hallmark of Down syndrome, with most individuals experiencing mild to moderate intellectual disabilities. This can impact learning, memory, and communication skills.
• Increased risk of infections. Individuals with Down syndrome often have weakened immune systems, making them more susceptible to infections such as pneumonia.

However, thanks to advances in medical care, the life expectancy for people with Down syndrome has increased significantly over the past few decades. Many individuals with Down syndrome now live beyond their 60s. However, the presence of multiple health conditions requires comprehensive and ongoing medical care to ensure a good quality of life.

Your New Jersey Down syndrome lawyer would consider these when assessing the condition’s impact on quality of life. They will evaluate how these health conditions affect daily living, education, employment opportunities, and social interactions. That way, a lawyer can better calculate and seek appropriate damages to support your needs.

Is It Possible To Diagnose Down Syndrome Before the Baby Is Born?

Down syndrome can be diagnosed before birth through prenatal screening and diagnostic tests. Prenatal screenings, such as the first-trimester screening and the quad screen, assess the likelihood that a baby will have Down syndrome. These tests measure certain substances in the mother’s blood and may involve an ultrasound to examine the baby’s development.

For a definitive diagnosis, parents may opt for diagnostic tests such as chorionic villus sampling (CVS) or amniocentesis. These tests involve collecting a sample of the placenta (CVS) or amniotic fluid (amniocentesis) and analyzing the baby’s chromosomes. Although these tests are highly accurate, they carry a small risk of miscarriage, so they are usually reserved for cases where screening tests indicate a higher risk of Down syndrome.

In some cases, however, medical professionals may fail to detect Down syndrome during pregnancy. This failure can have serious consequences for parents who are not prepared to manage the challenges of raising a child with the condition. When a healthcare provider fails to diagnose Down syndrome due to negligence, parents can pursue a wrongful birth lawsuit.

How Can I File a Wrongful Birth Lawsuit?

A wrongful birth lawsuit allows parents to seek compensation when a healthcare provider fails to diagnose a condition like Down syndrome during pregnancy properly. To file a wrongful birth lawsuit in New Jersey, you must prove that your medical provider was negligent in failing to diagnose the condition. This may involve demonstrating that the provider did not perform the appropriate tests, misinterpreted the results, or failed to inform you of the risk of Down syndrome.

Parents must also show that they would have made a different decision about continuing the pregnancy had they been aware of the diagnosis. In some cases, parents may argue that they would have terminated the pregnancy if they had known their child would have Down syndrome. In other instances, parents may seek compensation for the additional costs associated with raising a child with special needs.

The legal process for filing a wrongful birth lawsuit can be complex, and it typically requires the assistance of an attorney who is skilled in medical malpractice and birth injury cases. A lawyer will help you gather the necessary medical records, consult with experts, and build a winning case to demonstrate negligence on the part of the healthcare provider.

What Kind of Damages Can I Be Compensated For?

In a wrongful birth lawsuit, you may be entitled to various forms of compensation. The damages awarded in these cases are intended to help cover the costs associated with raising a child with Down syndrome and to address the emotional impact on the family. These include the following:

• Medication costs are required for the child’s Down syndrome-related conditions, both immediate and long-term.
• You may be compensated for the cost of special education, therapy, and other services that the child may need to reach their full potential.
• Damages for emotional distress, anxiety, and psychological impact of raising a child with a disability.
• If you need to reduce work hours or leave your job to care for your child, you may be compensated for lost wages.
• Anticipated costs of ongoing medical care, therapy, and support services that the child will need throughout their life.

It’s highly recommended to work with an attorney who can accurately assess the full extent of your damages and pursue fair compensation.

We Are Paramus, New Jersey Down Syndrome Lawyers Ready to Help

Navigating the ins and outs of a wrongful birth lawsuit can be overwhelming, especially when you are already coping with the challenges of raising a child with Down syndrome. Our Paramus, New Jersey Down syndrome lawyers at Varcadipane & Pinnisi, P.C., understand the emotional and financial burdens you may be facing. Our legal team is dedicated to helping families like yours secure the compensation they deserve.

Call us today at (201) 588-1500 if you think you have a case for wrongful birth, or visit us online to schedule a free consultation.

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