I had a late miscarriage (18 weeks) during my first pregnancy in 2008. The doctor ordered genetic testing on the fetal tissue, but the lab never received the tissue (or possibly lost it) and the test was never performed. I had another miscarriage later in 2008, and a live birth in 2011 of a child with a genetic abnormality.
I'm sorry you have had this experience. There are a number of avenues for potential investigation, both with regard to the laboratory and your obstetrician. Based on the dates mentioned, I have great concern about whether the Statutes of Limitation may have already expired on your case. If you intend to pursue the matter I urge you to contact an experienced medical malpractice attorney as soon as possible. Best wishes.
I agree with Mr. Bush, you need to consult with a med mal attorney in your area. If you are unsure about the advice you receive or have received, then meet with a couple more.
The asking of and answering general questions does not establish an attorney-client relationship. Please consult with an actual attorney in your local area before deciding on a course of action.
It's unfortunate that you waited this long. The statute of limitations has likely expired and would bar your claims. However, I suggest you consult with a Florida medical malpractice lawyer anyway.
You may be too late to do anything. However, is it your contention that the 2011 delivery of your child with a genetic defect could have been avoided if you had the tissue from your 2008 delivery? If so, a lot depends on the genetic defect your child has and whether dominant or recessive. I think unless your pediatrician or genetic doctor could testify that the prior tissue could have alerted you there would be an issue, this would be a very tough case to prove even without the statute issue. I am sorry your child has some issues, but it sounds like you are too late, and it would be an extremely difficult and expensive case to pursue.
I'm sorry to hear about your experience. The type of case you are referring to is a "wrongful birth" case, which is a recognized cause of action in Florida. Essentially, you will have to prove that your physicians had an opportunity to diagnose your child's abnormality in-utero, AND, had the abnormality been diagnosed in-utero, you would have opted to terminate the pregnancy. In such cases, your measure of damages would be limited to the extraordinary expenses related to the caring for your special needs child. In your particular case, I would be very interested to know what type of genetic testing was performed during your pregnancy. Finally, since there is a 2 year statute of limitations for medical malpractice claims in Florida, I am very concerned that the filing deadline for your potential case may have already expired. You should consult with an experienced medical malpractice attorney ASAP as there are limited exceptions to the filing deadline in cases involving children. Good luck.
Although you may have had a viable claim against the Lab or your OB, from the dates you gave in your question, it is likely the statute of limitations has since passed.
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