Baltimore Down Syndrome Wrongful Birth Lawyer

Birth Injury Attorneys for Down Syndrome and Wrongful Birth in Baltimore, MD

According to the Centers for Disease Control (CDC), Down syndrome is the most common chromosomal disorder in America. It occurs in approximately 5,700 babies born each year, or 1 in every 640 babies. In situations where a baby is born with Down syndrome, parents can consult with an attorney at Silverman Thompson to determine their legal options, including addressing whether they were not informed about whether their child was likely to have this condition.

What Is Down Syndrome?

Down syndrome is a genetic disorder that causes intellectual and physical developmental delays. It occurs due to an extra copy—full or partial—of chromosome 21. The condition known as Down syndrome is named for John Langdon Down, a British doctor who was the first to describe the syndrome in 1866.

While scientists are uncertain why Down syndrome occurs or exactly what factors play a role, research has shown that a woman's likelihood of giving birth to a child with Down syndrome increases with her age. According to the National Down Syndrome Society (NDSS), approximately 1% of all cases of Down syndrome have a hereditary component. According to the NDSS, there is no definitive research or evidence indicating that environmental factors or parental activities prior to or during pregnancy contribute to the likelihood of Down syndrome.

Testing for Down Syndrome

There are two types of prenatal testing available to try to determine whether a baby may have Down syndrome before it is born. Screening tests (such as blood tests or ultrasounds), which are less invasive and carry a slight risk of a false-positive diagnosis, determine the likelihood that a child has Down syndrome. Diagnostic tests, which are more invasive and carry a slight risk of miscarriage, provide a nearly 100% accurate diagnosis. In the event that Down syndrome is not diagnosed prior to birth, it is usually diagnosed at birth due to physical features and confirmed by a chromosomal analysis of the child's blood.

The physical characteristics of Down syndrome vary, but they tend to include stunted growth, almond shaped and upward-slanted eyes, flattened facial profile (especially the bridge of the nose), a short neck, unusually small ears, hands, and feet, small pinky fingers, a protruding tongue, poor muscle tone or loose joints, a palmar crease, and a large gap between the first and second toe. The neurological effects of Down syndrome can also vary, but they generally include mild to moderate intellectual disability with decreased speech skills and delayed fine motor skills.

Individuals with Down syndrome present an increased incidence of congenital heart disease, thyroid disorders, gastrointestinal disorders, low fertility rates, and impaired vision and hearing, according to the Eunice Kennedy Shriver National Institute of Child Health and Human Development.

Wrongful Birth Cases Involving Down Syndrome

Under certain circumstances, parents may be able to pursue medical malpractice/medical negligence litigation for "wrongful birth" in Maryland. In these cases, the parents of the child will typically allege that a medical professional failed to diagnose likely Down syndrome in utero, provided negligent genetic counseling about the likelihood of the fetus developing an abnormality, or failed to properly inform the parents of the child's condition. In these situations, the parents may allege that if they had been informed of the likelihood of Down syndrome, they would have elected to terminate the pregnancy.

Contact Our Baltimore, Maryland Wrongful Birth Lawyers

If your child has been affected by Down syndrome, or if you have questions surrounding wrongful birth, the team at Silverman Thompson can provide you with guidance regarding your legal options. Attorneys Andrew G. Slutkin and Ethan S. Nochumowitz provide effective representation for families who have been affected by medical negligence. Schedule a free consultation with our team by contacting our Baltimore Down syndrome attorneys at 410-385-2225.