New Jersey Spina Bifida Lawyer

Spina Bifida Attorneys

Spina bifida is a condition present from birth that can cause paralysis and other challenges for your child. With early detection, advanced treatment, and therapy, your child can have a better chance at a healthy life.

If your obstetrician or the doctor who delivered your baby did not detect this condition before or right after birth, you might be able to seek damages in a birth injury claim for medical malpractice.

A New Jersey Spina Bifida Lawyer will help you navigate the legal process and seek the compensation you deserve.

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What Is Spina Bifida?

Spina bifida is a birth defect that affects a baby’s spine and happens when the spine doesn’t form properly during pregnancy. This can cause problems with movement, feeling, and other body functions.

Babies with spina bifida are usually diagnosed during a routine ultrasound before they are born. When they are born, they have a sac filled with fluid on their back that covers an opening in their spine. This sac might have just fluid or it might have fluid, spinal cord, and nerves. Often, the tissues and nerves are exposed, but sometimes the sac is under the skin.

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These babies may also be paralyzed below the level of the opening in their spine.

The spine is the foundation, and when it doesn’t form right, it can cause issues in other parts of the body.

Spina bifida usually happens in the first month of pregnancy, often before a woman even knows she’s pregnant. That’s why it’s important for women who might get pregnant to take care of their health and talk to their doctors.

What Are The Types of Spina Bifida?

There are three main types of spina bifida:

Spina Bifida Occulta

Spina Bifida Occulta is the mildest type of spina bifida. It’s sometimes called “hidden” spina bifida because you can’t see it from the outside. Many people with this type don’t even know they have it because it typically doesn’t cause any symptoms or health problems.

The condition is usually discovered only through an X-ray or other imaging tests done for unrelated reasons. It occurs when there is a small gap in the spine, but the spinal cord and nerves are normal and unharmed.

Meningocele

Meningocele is a type of spina bifida where the protective covering of the spinal cord, known as the meninges, pushes out through an opening in the spine. This forms a sac filled with cerebrospinal fluid on the baby’s back. While the spinal cord itself is not involved, this type can cause some problems, such as minor physical disabilities and a higher risk of infection if the sac is not properly covered or treated. However, the complications associated with meningocele are usually not as severe as those found in more serious forms of spina bifida.

Myelomeningocele

Myelomeningocele is the most severe type of spina bifida. In this case, both the spinal cord and the protective covering push through the opening in the spine, forming a sac on the baby’s back. This can cause significant issues with movement and sensation in the lower body, particularly the legs and feet.

Additionally, myelomeningocele often leads to complications such as hydrocephalus (a buildup of fluid in the brain), bladder and bowel dysfunction, and orthopedic problems like scoliosis or joint deformities. This type of spina bifida requires early and often ongoing medical intervention to manage the various complications.

What Factors Can Lead to an Increase in the Chances of Getting Spina Bifida?

While we don’t know exactly what causes spina bifida, we do know some factors that can increase the chances of a baby having it:

  • Low Folic Acid – Folic acid is a vitamin that helps prevent spina bifida. If a woman doesn’t have enough folic acid before and during early pregnancy, it can increase the risk.
  • Family History – If someone in your family has had spina bifida, there’s a higher chance your baby might have it, too. Genetic factors can play a role, so discuss your family medical history with your doctor.
  • Some Medications – Certain medicines, such as those used to treat seizures, can increase the risk of spina bifida if taken during pregnancy. Women who need to take these medications should consult their healthcare provider to find safe alternatives.
  • Diabetes – Women with diabetes, especially if it’s not well-controlled, have a higher risk of having a baby with spina bifida. Managing blood sugar levels carefully before and during pregnancy can help lower this risk. Regular check-ups and maintaining a healthy lifestyle are crucial for diabetic women planning to conceive.
  • Obesity – Being very overweight before pregnancy can increase the risk of spina bifida. Women who are planning to become pregnant are encouraged to reach a healthy weight to reduce this risk. A balanced diet and regular exercise can help achieve a healthy weight and improve overall pregnancy outcomes.
  • High Fever – Having a high fever during early pregnancy might increase the risk of spina bifida. Women should seek medical advice if they experience a high fever and avoid overheating from hot tubs or saunas during early pregnancy. Proper management of fever and avoiding situations that can cause overheating are important preventive measures.

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Are There Long-Term Consequences?

Yes, spina bifida can have long-term effects on a person’s life. The severity of these effects depends on the type of spina bifida and where on the spine the opening is.

Some possible long-term consequences include:

  • Movement problems: People with severe spina bifida might have trouble walking or might need to use a wheelchair. Physical therapy and mobility aids, such as braces or custom orthotics, can help manage these challenges and improve independence and quality of life.
  • Bladder and bowel issues: Some people might have trouble controlling their bladder or bowels, which can lead to frequent infections or social embarrassment. Medical treatments, such as catheterization, medications, and specialized routines like scheduled bathroom breaks, can assist in managing these issues effectively.
  • Learning difficulties: Some children with spina bifida might have trouble with learning or paying attention, which can impact their school performance. Special education services, individualized education plans (IEPs), and supportive learning environments can be beneficial, along with tools like tutoring and assistive technology.
  • Hydrocephalus: This is a buildup of fluid in the brain. Many babies with severe spina bifida have this condition and need surgery, such as a shunt placement, to treat it. Regular monitoring and medical interventions are essential to prevent complications like developmental delays or vision problems.
  • Skin problems: People who can’t feel parts of their body might get sores or burns without realizing it, leading to infections or serious injuries. Regular skin checks, proper wound care, and protective clothing can help prevent serious issues and maintain skin health.
  • Latex allergy: For some reason, people with spina bifida are more likely to be allergic to latex, which can cause severe allergic reactions. Avoiding latex products, using latex-free alternatives, and informing healthcare providers about the allergy can prevent allergic reactions and ensure safe medical care.
  • Depression: Dealing with the challenges of spina bifida can sometimes lead to depression and anxiety. Counseling, support groups, mental health care, and sometimes medication can provide crucial support, helping individuals manage their emotional well-being and maintain a positive outlook.

Can I sue for Misdiagnosis?

If a doctor fails to diagnose spina bifida when they should have, it might be possible to sue for medical malpractice. However, these cases can be complicated.

To have a case, you usually need to show three things:

  1. The doctor didn’t follow the standard of care (meaning they didn’t do what a reasonable doctor would have done in the same situation).
  2. This failure led to a wrong or missed diagnosis.
  3. This mistake caused harm to you or your baby.

For example, if a doctor didn’t order the right tests during pregnancy, missed clear signs of spina bifida on an ultrasound, or didn’t tell you about the diagnosis, these might be reasons to consider a lawsuit.

It’s important to know that not all missed diagnoses are malpractice. Sometimes, even good doctors following all the right steps can miss things. That’s why these cases often need expert medical opinions to figure out if the doctor made a mistake that counts as malpractice.

If you think your doctor might have misdiagnosed spina bifida, it’s a good idea to talk to a lawyer experienced in medical malpractice. They can help you understand if you have a case and what your options are.

What can a New Jersey Spina Bifida Lawyer do for me?

A New Jersey lawyer who understands spina bifida cases can help in several ways. They can evaluate your case, gather evidence, handle paperwork, and negotiate with insurance companies for a fair settlement.

Our New Jersey Spina Bifida Lawyers at Varcadipane & Pinnisi, P.C. will help you navigate the legal system and fight for the compensation you deserve.

If your case goes to trial, we will represent you in court. We will explain your rights, connect you with resources, calculate damages, and provide emotional support throughout the process. Call us at (201) 588-1500 or contact us online for a free consultation.

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partners, Jeffrey W. Varcadipane & Dawn M. Pinnisi, with more than 40 years of combined legal experience as personal injury attorneys.

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