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Can a mother sue a doctor for not performing the necessary test to determine whether or not the unborn child have birth defects?

Palm Coast, FL |

The doctor did not do the necessary test to find birth defects in the unborn child at the time allowing the mother to think that everything is okay.The mother after birth found out that the baby have Edward syndrome.

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Attorney answers 2


The answer to your question is maybe. Edwards syndrome is a rare genetic defect where the child has an extra 18th chromosome. Many times the AFP test will come back with a finding suggestive of Edwards syndrome. At that time, additional testing can be performed to get a better idea.

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In Florida, you and your lawyer need to determine several things before you decide to sue the doctor. Did the doctor deviate from the standard of care by not performing the test? Did the doctor actually perform the test and fail to diagnose the problem? Did the doctor fail to tell you the result because the doctor is opposed to abortion? If your expert ob/gyn says that the doctor beached the standard of care, go to the next issue. Would you have had an abortion if the test came back positive? If yes, then go to the next question. Was the doctor or his group insured for medical malpractice? If yes, you may want to consider proceeding further. If the doctor is uninsured (in Florida, a doctor does not have to carry malpractice insurance), most lawyers will not sue the doctor because the likelihood of collecting from an uninsured doctor is small. If you do find a lawyer to take your case, you will be asked to waive the Florida Constitution’s cap on attorney’s fees. If you would like to discuss the issues further, I’d be glad to them with you.

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